Library of Emory University 121511 •. < i I JOURNAL OF THE SENATE OF THE GENERAL ASSEMBLY OF THE STATE OF NORTH-CAROLINA, AT ITS FIRST SESSION, 1863. RALEIGH: W. W. 'IIOLDEN, PRINTER TO THE STATE. 1862. SENATE JOUBNAL 1862-'63. FIRST SESSION. The General Assembly of the State of North Carolina met in the" city of Raleigh, on the 17th day, being the third Mori- day of November, Anno Domini, one thousand eight hundred and sixty-two ; and the following members elect of the Senate presented certificates of their election and were qualified according to law, to wit: 1st District, Pasquotank and Perquimans—Wm. H. Bagley. 2d " Camden and Currituck, D. McD. Lindsay. 3d " Gates and Chowan— 4th " Hyde and Tyrrell— 5th " Northampton— 6th " Hertford—J. B. Slaughter. 7 th u Bertie— 8th " Martin and "Washington— 9th " Halifax—M. L. Wiggins. 10th " Edgecombe and Wilson—Jesse H. JPowelb 11th " Pitt— 12th " Beaufort—E. J. Warren. 13th " Craven—Nathaniel Whitford. 14th " Carteret arid Jones—M. F. Arend^ll. 15th " Green and Lenoir—Edward Patrick- 16th " New Hanover—Eli W. Hall. 17th " Duplin—James G. Dickson. 18th " Onslow—Jno. F. Murrill, 19th " Bladen, Brunswick and Columbus—J.W.Ellis. 20th* " Cumberland and Harnett—W. B. Wright, 21st " Sampson—Thomas I. Faison. 22d " Wayne—Wm. K. Lane. 4 SENATE JOURNAL. [Session 23d District, Johnston—C. B. Sanders. 24th 44 Wake—John P. H. Russ. 25th " Nash—A. J. Taylor. 26th 44 Franklin—Washington Harris. 27 th 44 Warren— 28th 44 Granville—R. W. Lassiter. 29th 44 Person—James Holeman. 30th " Orange—Win. A. Graham. 31st 44 Alamance and Randolph—Giles Mebane. 32d " Chatham—Wm. P. Taylor. 33d " Moore and Montgomery—Calvin W.Wooley. 34th 44 Richmond and Robeson—Giles Leitch. 35th 44 Anson and Union—Wm» C. Smith. 36th 44 Guilford—Peter Adams. 37 th 44 Caswell— 3Sth 44 Rockingham—F. L. Simpson. 39th " Mecklenburg—John A. Young. 40th 44 Cabarrus and Stanly—J. W. Smith. 41st 44 Rowan and Davie—James G. Ramsay. 42d " Davidson—II. Adams. 43d " Stokes and Forsyth—James E. Matthews. 44th " Ashe,- Surry, Watauga, Yadkin and Allegha¬ ny.—Isaac Jarratf. 45th " Iredell, Wilkes and Alexander—L. Q. Sharpe. 46th " Burke, McDowell and Caldwell—S. J. Neal. 47th 44 Lincoln, Gaston and Catawba—Jas. H. White. 48th 44 Rutherford, Polk and Cleaveland— 49th 44 Buncombe, Henderson and Madison— 50th 44 Macon, Haywood Cherokee, Clay and Jack¬ son.—C. D. Smith. M. F. Arendell, Senator elect from the 14th District, made an explanatory statement as to the irregularity of his election, and was, on motion of Mr. Graham, there being no objection, admitted to qualify and take his seat. On motion of Mr. Hall, L. Q. Sharpe was admitted also to qualify and take his seat, there being some informality as to his certificate of election. 1862-'63.] SENATE JOURNAL. 5 A quorum being present, Mr. Ramsay nominated Giles Mebane, of Alamance, for Speaker of the Senate. Mr. Faison added to the nomination the name of W. B. Wright, of Cumberland and Harnett. The Senate voted as follows: For Giles Mebane.—Messrs. Adams, of Davidson, Adams, of Guilford, Areudell, Graham, Holeman, Jarratt, Lassiter, Leitch, Matthews, Neal, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Smith, of Anson, Smith, of Macon, Smithy ot Stanly, Taylor, of Chatham, Warren, Wiggins, Wooley and Wright.—24. For W. B. Weight.—Messrs. Ellis, Faison, Young.—3. The following Senators voted for Hon. Wm. A. Geaham, to wit! Messrs. Harris, Mebane, Murrill and Taylor, of Nash.—4. Messrs. Dickson and White voted for Mr. Hall; and Messrs. Lindsay, Slaughter and Bagley for Mr. Warren. Mr. Mebane having received a majority of the votes given,- and being elected Speaker of the Senate, was conducted to the chair'by Messrs- Hall and Ramsay and made an appro¬ priate address. On motion of M. F. Arendell, Mr. C. R. Thomas, of Car¬ teret, was put in nomination for Principal Clerk of the Sen¬ ate, and upon there being no other nomination made, on motion of Mr. Graham, Mr. Thomas was elected by acclama¬ tion, Principal Clerk. Mr. Lassiter nominated Mr. L. C. Edwards, of Granville, for Assistant Clerk of the Senate, and on motion of Mr.' Arendell, Mr. F. D. Koonce, of Jones, was added to the nom¬ ination, whereupon the Senate voted as follows: For L. 0, Edwaeds.-—Mr. Speaker, Messrs. Adams, of Davidson, Bagley, Graham, Harriss, Holeman, Jarratt, Lassi¬ ter, Leitch, Lindsay, Matthews, Neal, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, Warren, Wiggins, Wooley, Wright and Young.—29. 6 SENATE JOURNAL. [Session For F. D. Koonce. —Messrs. Arendell, Dickson, Ellis, Faison, Murrill and White.—6. Mr. Edwards having received a majority of the votes cast was declared elected Assistant Clerk of the Senate. The Senate now proceeded to the election of Principal Door-Keeper. Mr. Graham nominated Wm. R. Lovell, Mr. Rnss nomi¬ nated Wm. J. Page, and Mr. Harris nominated Mr. Winston. The Senate voted as follows : For Wm. J. Page.—Mr. Speaker, Messrs. Adams, of Gnil- ford, Dickson, Ellis, Faison, Hall, Holeman, Lane, Lassiter, Miirrill, Powell, Russ, Sanders, Simpson, Smith, of Anson^ Smith, of Stanly, Taylor, of Nash, White, Wiggins, Wooley, Wright and Young.—22. For Wm. R. Lovell.—-Messrs. Bagley, Graham, Jarratt, Leiteh, Lindsay, Matthews, Neal, Patrick, Ramsay, Sharpe, -Slaughter, Smith, of Macon* Taylor, of Chatham and War¬ ren.—14. For Mr. Winston.—Messrs. Arendell, Harris and Whit- ford.—3. Mr. Page, having received a majority of the votes given, was declared elected Principal Door-keeper of the Senate. Mr. Taylor, of Chatham, nominated C. C. Tally for Assistant Door-keeper, and Messrs. Wicker, Powell and Jordan were severally added to the nomination, whereupon the Senate voted as follows: For C. C. Tally.—Messrs. Arendell, Dickson, Ellis, Faison, Hall, Harris, Iloleman, Lane, Murrill, Sanders, Simpson, Smith, of Macon, Taylor, Of Chatham, Taylor, of Nash, Whitford, White, Wiggins, Wooley, Wright and Young.—20. For Mr. Wicker.—Mr. Speaker, Messrs. Adams, of Davidson, Adams, of Guilford, Lassiter, Ramsay, Rnss and Sharpe.—7. For Mr. Powell.—Messrs. Bagley, Lindsay and Slaugh¬ ter.—3. For Mr. Jordan.—Messrs. Leitch, Patrick and Warren.—3. Mr. Tally, having received a majority of the votes given, was declared elected Assistant Door-keeper of the Senate. 1862—*63-3 SENATE JOURNAL. 7 On motion of Mr. Simpson, a motion was sent to the House of Commons, that the Senate had organized by the election of Giles Mebane, Senator from Alamance, Speaker; C. R. Thomas, Principal Clerk; L. C. Edwards, Assistant Clerk, and Wm. J. Page and C. C. Tally, Door-keepers; and it was ready to proceed with the public business. On motion of Mr. Wiggins, the rules for the government of the last Senate were adopted for the government of the present Senate, until otherwise ordered. Mr. Wiggins also moved that a committee of five be appointed to prepare and report rules for the government of the Senate, which was agreed to. On motion of Mr. Graham, a message was sent to the House of Commons, that the Senate proposes to raise a joint select committee, to consist of two on the part of eaeh House, to wait on His Excellency the Governor, and inform him of the organization of both branches of the Legislature and of their being ready to receive any communication which he may desire to make. And' on motion also of Mr. Graham, the Senate adjourned. TUESDAY, November 18, 3862. Prayer by Rev. Mr. Skinner. Mr. Ramsnv asked leave of absence for Mr. Graham until " <= Friday next, which was granted. J. G. Carraway* Senator elect from the 8th District, and W. S. Copeland, Senator elect from the 5th District, severally presented certificates of election and Were qualified according to law. The Speaker announced as the committee to prepare and report rules for the government of the Senate: Messrs. Wig- gins, Hall, Ramsay, Sharpe and Simpson. A message was received from the House of Commons, that they agree to the proposition of the Senate to raise a joint select committee to wait on His Excellency the Governor, 8 SENATE JOURNAL. [Session and appoint Messrs. Waddell and Williams as said Committee ©n the part of tlie House. " The Speaker announced Messrs. Hall and Sandgrs, as said committee on the part of the Senate. Another message was received that their body has organ¬ ized by the election of R. B. Gilliam, Speaker; H. E. Colton 'Principal Clerk, and John A. Stanly Assistant Clerk, and is ready to proceed to business. Mr. Ramsay moved that a message be sent to the House, that the Senate proposes to go into an election for State Printer at I o'clock, which was agreed to, and Mr. Sharpe nominated W. W. Holden therefor. Mr. Hall from the joint select committee to wait on His Excellency the Governor, stated that the committee had - waited on His Excellency and that he would report in writing forthwith. A message was received from the House, that they agree to the proposition to go into an election for State Printer at 1 o'clock, and appoint Messrs. Walser and Stanford, commit¬ tee on their part to superintend the election, and inform the Senate that Willie J.' Palmer has been nominated in the House. The Speaker announced Messrs. Lassiter and Taylor of Hash as the committee on the part of the Senate to superin¬ tend said election. A message was received from the House that the f transmit an engrossed resolution entitled "Resolution in favor of W. R. Lovell," which was read first time, when, on motion of Mr. Simpson, the rules were suspended and the same was read a second and third time and passed. Also a message was received, that they transmit an engrossed resolution entitled, "Resolution to purchase a copy of the Ordinances and Reso¬ lutions of the Convention, for each member of the House and Senate and their several officers," which was agreed to, and on motion of Mr. Hall the rules were suspended, and said resolution was read a second and third time and passed. Mr. Simpson introduced the following resolution, viz: 1862-'63.] SENATE JOURNAL. 9 "Resolved, That a message be sent to the House of Com¬ mons proposing to raise a Joint Select Committee of two on the part of the Senate, and three on the part of the House of Commons, to prepare and report joint rules for the govern¬ ment of the intercourse between the two Houses." Adopted. Mr. White moved that seats on the floor of the Senate be allowed to three Reporters. Carried. Mr. Matthews introduced a resolution entitled, " Resolution in favor of J. W. Alspaugh," which was read first time, and on motion of Mr. Ramsay, the rules were suspended when the same was read a second and third time and passed. A message was received from the House of Commons, that they transmit a message from His Excellency the Governor, and propose to print twenty copies for each member of the General Assembly and one hundred copies for the use of the Executive Office, which was agreed to. The Speaker announced Messrs. Wright and Simpson as the Senate branch of the Joint Select Committee to prepare and report joint rules for the government of the Senate and House of Commons. The Senate now proceeded to the election for State Printer. The vote was as follows: For W, W. Holden.—Mr. Speaker, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Bagley, Carroway, Jarratt, Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Taylor, ol Nash, Warren, Wooley and Wright.—27. For Willie J. Palmer.—Messrs. Copeland, Dickson, Ellis, Faison, Harris, Holeman, Whitford, White and Young.—9. Mr. Hall voted for Mr. Spelman, and Mr. Murrill voted for Mr. Pennington. Mr. Lassiter from the Committee to superintend the elec¬ tion of State Printer, reported that W. W. Holden received a majority of the whole number of votes cast, and is elected. On motion of Mr. Taylor, of Nash, the Senate adjourned. 10 SENATE JOURNAL. [Session WEDNESDAY, NOVEMBER 19, 1862. A message was received from the House of Commons, that they agree to the proposition to raise a joint select committee to prepare and report joint rnles for the government of the Senate and House of Commons, and appoint Messrs. Shep- perd, Amis and Keener, the House branch of said committee. Mr. Simpson, from the Joint Select Committee to prepare and report Joint Rules for the government of the Senate and House of Commons, reported, recommending the rules which were in force at the last sesssion. The report was adopted. The rules are as follows, to wit: JOINT RULES OF THE SENATE AND HOUSE OF COMMONS. 1st. Each House shall perfect and finally act on all bills, resolutions and orders, before the same shall be communica¬ ted to the other for its concurrence ; and, if amended in the House to which it is transmitted, it shall be communicated to the House in which it originated, asking the concurrence of that House in the amendment. 2d. In any case of amendment of a bill, resolution or order agreed to in one House, and disagreed to in the other, if either House shall request a conference and appoint a com¬ mittee for that purpose, and the other House shall also appoint a committee to confer, each committee shall consist of an equal number; and they shall meet and state to each other the reasons of their respective Houses, for and against the amendment, and confer freely thereon, and make a report in writing to their respective Houses, of the results of their conference. 3d. Messages from one House to the other shall be sent by the Assistant Clerk of each House, unless otherwise ordered. 4th. When a message shall be sent from one House to the other, it shall be announced at the door of the House to which it is sent, by the Door-keeper, and shall be respectfully delivered to the Chair, by the person by whom it may be sent. 1862-'63.] SENATE JOURNAL. 11 5th. After a bill shall have passed the House in which it originated, it shall be under the signature of the clerk, and engrossed under his direction and inspection, before it shall be communicated to the other House. 6th. After a bill shall have passed both Houses, it shall be duly enrolled on suitable paper by the Engrossing Clerk before it be presented for ratification. 7th. When bills are enrolled, they shall be carefully exam¬ ined by a joint committee of three from the Senate and five from the House of Commons, whose duty it shall be to care¬ fully compare the enrollment with the engrossed bills, as passed in the two Houses, and to correct any errors that may be discovered in the enrolled bills, and make their report of the said bills to the House. 8th. After examination and report, each bill shall be rati¬ fied and signed in the respective Houses, first by the Speaker of the House of Commons, and then by the Speaker of the Senate. 9th. All orders and votes of the House shall be examined, engrossed and signed in the same manner as bills. 10th. When a bill or resolution which shall have passed in one House is rejected in the other, notice thereof shall be given to the House in which the same may have passed. 11th. The Committee in each House shall in all cases make in writing a statement of facts on which their report is foun¬ ded, which statement, with all other papers on which any bill or resolution may be formed, shall be transmitted to the other House. 12th. The committee on Finance shall be joint, consisting of eight members from each House. The committee on Public Buildings and Grounds shall be a joint committee of two from the Senate and three from the House of Commons. The Library Commitee shall be a joint, standing committee of three members from each House, appointed by the Speaker thereof, respectively. The committee on the Deaf and Dumb and Blind Asylum, 12 SENATE JOURNAL. [Session the Insane Asylum, Military Affairs, Swamp Lands, Chero¬ kee Lands and Western Turnpikes, shall be joint standing committees, consisting each of three members from the House of Commons. 13. In all joint committees the member first named on said committee on the part of the House proposing to raise such committee, shall convene the same; and when convened they shall choose their own chairman. Either House may make reference to any joint committee, and all reports shall be made to the House ordering such, reference. 15th. Whenever either House shall order any paper or document to be printed, it shall be printed in octavo form, on good paper and with fair type; and those documents ordered to be printed by the Senate shall be printed as "Senate Documents," and those ordered to be printed by the House of Commons shall be printed as " Honse Docu¬ ments," and numbered in regular order, except when com¬ munications are made to either House by the Governor, Treasurer, Comptroller, or Secretary of State, and are ordered to be printed, they shall be designated " Executive Docu¬ ments ;" and said papers and documents shall be distributed in the following manner : one copy thereof to each member of the General Assembly, one copy to the Clerks of each House for the use thereof, and ten copies shall be deposited in the Public Library and the Public Librarian required to have them neatly bound. 16th. All elections requiring a joint vote shall be viva voce, and a select committee of two members in each House shall be appointed to superintend the same in their respective Houses. After the vote shall have been taken, said select committee shall confer together and report the result of such election to their respective Houses. 17th. The foregoing rules shall be permanent Joint Rules of the Legislature of North Carolina, until altered or amended. Mr. Murrill presented a memorial from sundry citizens of 1862-'63.] SENATE JOURNAL. 13 Onslow county, and on his motion the same was laid on the table Mr. Taylor, of Chatham introduced this resolution : " Resolved, That the Committee on the Judiciary be instructed to inquire into the constitutionality, expediency and propriety of so regulating the prices of all necessaries of life as to bring them within the reach of the poorer classes, and report by bill or otherwise." The resolution was read and on his motion, laid on the table. The Chair announced the following STANDING COMMITTEES : Propositions and Grievances.—Messrs. Lassiter, Arendell, Holeman, Patrick, Copeland, Dickerson and White. Privileges a/nd Elections.—Messrs. Wright, Russ, 'Wooley, Smith, of Anson, Hall, Ellis and Faison. Judiciary.—Messrs. Warren, Wright, Leitch, Hall, Sharpe, Saunders and Slaughter. Internal Improvements.—Messrs. Smith, of Macon, Mat¬ thews, Neal, Dickson, Lane, Taylor, of Chatham, and Ellis. Claims.—Messrs. Ramsay, Murrill, Ellis, Jarratt, Powell, Adams, of Davidson, and Taylor, of Nash. Education and Literary Fund.—Messrs. Leitch, Lassiter, Adams, of Guilford, Russ, Carroway and D. McD. Lindsay. Banks and Currency.—Messrs. Bagley, Harris, Copeland, Murrill, Lane, Wooley and Taylor, of Chatham. On Corporations.—Messrs. Arendell, Carraway, Dickerson, White, Smith, of Stanly, Simpson and Jarratt. On Agriculture.—Messrs. Holeman, Dickson, White, Neal, Powell, Smith, of Anson, and Whitford. Senate Branch of JBinance Committee.—Messrs. Wiggins, Graham, Adams, of Guiiford, Sharpe, Harris, Bagley, Faison and Young. A communication from W. W. Holder, was received by the Chair, read and concurred in, which is as follows: 14 SENATE JOURNAL. [Session Raleigh, Nov. 19th, 1862. To Hon. Giles Mebane, Speaker of the Senate : Sir : I beg leave to say that I. accept the office of State Printer, to which I was elected yesterday by the joint vote of the tw o Houses of the General Assembly. It is, perhaps, proper that I should add that I did not desire the office, and that I had ashed no one to support me, nor even to put me in nomination for it. My ordinary business as a printer and publisher requires all my time and attention, and is more agreeable and profita¬ ble to me than the office of State Printer. Indeed, on hear¬ ing that I had been elected, I determined to decline, and such was my purpose formed several months since ; but, inasmuch as I have been elected, and as the public business may be delayed if I should decline, and as I am always dis¬ posed to serve my friends and the State when called upon to do so, I accept the office, and will endeavor to discharge its duties as I trust I have heretofore done, with fidelity and dispatch. it has been suggested, on the score of economy, that it is advisable that the Legislature should take the necessary steps to have the public printing executed at the Asylum for the Deaf and Dumb and Blind, in the city. No citizen of the State is more anxious than I am to save the public money and to lighten the burdens of the people, and no one is less disposed than I am to realize profits, at a crisis like the present, out of the State Treasury; and, with¬ out expressing an opinion as to the propriety of establishing a State Printing Office, I beg leave to say that if the Legis¬ lature should see proper to put the Asylum printing office in a condition to do the public work, I will at once, and with pleasure, retire from the office of State Printer, and shall be gratified if the plan suggested should operate in such a way as to promote the public interest. 1862^63.] SENATE JOURNAL. 15 Permit me to add, in conclusion, that I am profoundly- grateful to those who voted for me for State Printer; and that I will spare neither pains nor expense to execute the work promptly and faithfully. 1 have the honor to he, Sir, with much respect, Your obedient servant, W. W. HOLDEN. Mr. "Wiggins, from the Select Committee to prepare and report rules for the government of the Senate, reported, recommending that the rules for the government of the last Senate, be adopted as the rules for the government of the present Senate. The report was adopted. The rules are as follows, to wit: BULES OF OEDEE FOE THE GOVERNMENT OF THE SENATE. 1. It shall be the duty of the Speaker to invite the pastors of the several churches in this city, under such arragements as they may make among themselves to perform the service of prayer, at the opening of the daily sessions of the Senate. 2. When the Speaker takes the chair each member shall take his seat, and, on the appearance of a quorum, the jour- pal of the preceding day shall be read. 3. After the reading of the journal of the preceeding day •the Senate shall proceed to business in the following order, viz; 1st. The receiving of petitions, memorials, pension certifi¬ cates, and papers addressed either to the General Assembly or to the Senate. 2d. The Reports of Standing Committees. 3d. The Reports of Select Committees. 4th. Resolutions. 5th. Rills. 6th. Bills, resolutions, petitions, memorials, messages, pen¬ sion certificates, and other papers on the table. Then, the 16 SENATE JOURNAL. [Session orders of the day. Bat motions and messages proposing to elect officers shall always be in order. 4. When any member is about to speak in debate, or deli¬ ver any matter to the Senate, he shall rise from his seat and respectfully address himself to the Speaker, and shall confine himself to the question under debate, and avoid personality; and when two or more members happen to rise at once, the Speaker is to name the. one who is first to speak. No member shall speak more than twice on the same question or nomination for office, without leave from the Senate, and when any member is speaking he shall not be interrupted by any person, either by speaking, or by stand¬ ing, or by passing between him and the Chair. 5. All bills and resolutions introduced shall pass, as a matter of course, the first reading. 6. If any member in speaking or otherwise transgress the rules of the Senate, the Speaker shall, or any member may, call him to order; in which case the member So called to order shall immediately sit down, unless permitted to ex¬ plain, and the Senate shall, if appealed to, decide on the case, but without debate. If there be no appeal the decision, of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to pro¬ ceed ; if otherwise, and the case requires it, he shall be liable to the censure of the Senate. 7. When a question is under debate, no motion shall be received but to adjourn, to lay on the table, to postpone indefinitely, to postpone to a day certain, to commit or to amend; which several motions shall have precedence in the order in which they stand arranged; and any motion to adjourn or lay on the table shall be decided without debate ; and a motion to adjourn shall always be in order. 8. Questions may be stated by the Speaker sitting, but shall be put standing. Questions shall be distinctly put in this form: " Senators! as many as are of the opinion that, (as the case may be) say Aye," and after the affirmative voice is expressed, 1862^63.] SENATE JOURNAL. 17 "As many as are of a contrary opinion, say No," If the Speaker doubt as to the voice of Ihe majority, or a division, be called for, the speaker shall call on those in the affirma¬ tive of the question to rise from their seats, and afterwards, those in the negative. If the speaker still donbt, or a count be required, the speaker shall name two members, one from each side, to tell the number in the affirmative, which being reported he shall then name two others, one from each side to tell those in the negative, which being also reported he shall state the decision to the Senate and announce the deci¬ sion. No member who was without the bar of the Senate when any question was put from the Chair, shall enter his yea or nay without leave, unless he shall have been absent on some committee—and the row of pillars shall be the bar of the Senate. 9. When any member shall make a motion, which is not of course, he shall reduce the same to writing, if required. 10. In all cases of election by the Senate, the Speaker shall vote; and when, on a division, there shall be'an equal num¬ ber of votes, the Speaker shall decide the question. In no other case shall he vote, unless his vote, if given to the minor¬ ity, will make the division equal, and when an equal division is produced by the Speaker's vote the question shall be lost. 11. No member, shall depart the service of the Senate without leave, or receive pay as a member for the time he is absent. 12. Petitions, memorials and other papers addressed to the Senate, shall be presented by the Speaker, or by a member in his place, a brief statement of the contents thereof shall verbally be made by the introducer, and the petition, memo¬ rial or other paper, shall not be read, unless so ordered by the Senate. 13. Resolutions for the appropriation of public money, and all other resolutions of a public nature, as well as all bills, shall be read the first time for information, and upon this reading shall not be subject to amendment, but may be amended on the second and third readings. And the Clerk shall keep a 2 IS SENATE JOURNAL. [Sess-ioisi calendar of all such* resolutions and "bills, with the order tali era on each, in the order in which they are introduced, and they shall be taken up and considered as they stand on the calen¬ dar, unless otherwise ordered ; and the calendar shall be daily revised and kept on the Speaker's table for the inspec¬ tion of members, and all bills sball be numbered and dis¬ patched in the order in which they stand npon the calendar. 14. All bills of a public nature, when re.ady for the second reading, shall be noted as having been read at least one day previous thereto, and then shall be first read for information,, and then paragraph by paragraph, and held open for amend¬ ment. 15. After a bill or resolution has been once rejected, post¬ poned indefinitely or to a day beyond the session, another of like provision shall not be introduced during the session. 16. When a question has been once decided, it shall be in i>rder for any member in the majority to movje a reconsidera¬ tion1 thereof, on the- same- or succeeding day, if the bill, resolu¬ tion or paper upon which the question has been taken he in possession of the Senate j and no hill or resolution of a public nature- shall he sent from the Senate nntil 12 o'clock the jsnicceeding day ; but when the motion to reconsider is laid on the- table, it shall not again be called up. lib When1 an amendment to be proposed to the Constitu¬ tion is under consideration, a concurrence of two-thirds or three-fifths of the members present shall not he required decide any questions for amendments or extending to the merits short of the final question. 18. When a question may have been decided by the Senate, in which three-fifths or two-thirds of the members present are necessary to carry the affirmative, any member who voted on that side which prevailed in the question, may he at liberty to move a reconsideration ; and a motion for reconsideration ®hall be decided by a majority of votes. 19. The Speaker shall examine and correct the journal before it is read ; he shall have the general direction of the Hall; he shall designate who shall compose all committees, except 1862-63,] SENATE JOURNAL. 19 when otherwise ordered; and the select committees of the Senate shall consist of five members. 20. There shall be appointed by the Speaker the following committees, viz: A Committee on Propositions and Grievances. A Committee on Privileges and Elections. A Committee on Claims. A Committee on the Judiciary. A Committee on Internal Improvements. A Committee on Education and the Literary Fund. A Committee on Banks and Currency. A Committee on Corporations. A Committee on Military Affairs, and A Committee on Agriculture, consisting of seven members each. 21. "When the Senate resolves itself into a committee of the whole, the Speaker shall leave the Chair and appoint a Chairman; and when upon any other occasion the Speaker wishes to leave the Chair he shall appoint a Speaker pro, tern. 22. When a petition, memorial or other paper addressed to the Senate shall have been referred either to one of the standing or select committees, they shall, in their report on the petition, memorial or other paper, make a statement in writing of the facts embraced in the case referred. 23. In case of any disturbance or disorderly conduct in the lobby or gallery, the Speaker or Chairman of the committee of the whole, shall have power to have the same cleared.^ 24. No person except members of the House of Commons, Officers and Clerks of the two Houses of the General Assem¬ bly, Judges of the Supreme and Superior Courts, Officers of the State resident at the seat of Government, members of Congress, persons particularly invited by the Speaker, and such gentlemen as have been members of either House of the Legislature, shall be admitted within the Hall of the Senate. 25. Any member dissatisfied with the decision of the Speaker on any question of order, may appeal to the Senate. 20 SENATE JOURNAL. [Session 26. "When the Senate adjourns, the members shall keep their seats until the Speaker leaves the Chair. 27. Saturday in every week shall be set apart for the con¬ sideration of private bills and private business, in preference to any other, unless otherwise determined by the majority of the Senate, and the Clerk shall keep a Senate calendar of the same. 28. The rules for the government of the Senate shall not be amended or altered without giving at least one days notice of such amendment or alteration, nor without the consent of two-thirds of the members present; but the rules may be suspended temporarily for a special purpose by the concur¬ rence of two-thirds of the members present. The Speaker announced a3 the committee on enrolled bills for the present week, Messrs. Ramsay, Ellis and Wright. A message was received from the House of Commons, that they propose to the Senate to raise a joint select committee of two on the part of each House to wait on bis Excellency, the Governor, and inform him that the General Assembly is now prepared to receive from him in person any communication that he may desire to make, which the public interest may render it proper to consider in secret session. The message was agreed to, and the Speaker announced Messrs. Bagley and Russ, as the Senate branch of said committee. Mr. Sharpe introduced a resolution as follows, to-wit: liesolved, That a message be sent to the House of Com¬ mons proposing to print in pamphlet form, for the use of the Members and various Departments and each of the Clerks of the Legislature, the Constitution of the Confederate States, the Bill of Rights and Constitution of the State, as amended by the Convention, the Rules of Order of the two Houses, the Joint Rules, the Standing and Select Committees, also, the names of the members of both Houses, the names of the counties represented and the post offices nearest the resi¬ dence of each member. Adopted. Mr. Mnrrill also introduced the following resolutions, to-wit: 1862->63.] SENATE JOURNAL. 21 Whereas, The Confederate Congress, in an act known as the " Military Exemption Bill," by the exemption of such persons as may be the owners of twenty or more negroes, and also such as own 500 head of cattle, 500 head of sheep, or 250 head of horses or mules, have in the opinion of this Gen¬ eral Assembly, made unjust discrimination between such persons and their less fortunate fellow-citizens, contrary to the spirit of our institutions, and in direct violation of the 3rd section of our Bill of Rights, declaring " that no man or set of men are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services. Therefore be it Resolved by the General Assembly, That we do not believe there exists a necessity for such distinctions, and we most respectfully ask our Senators and Representatives in Congress to bring the matter to the consideration of Congress, and urge a repeal of said claims ht the earliest possible day. Resolved, That the Speaker be requested to transmit a copy of these resolutions to our members in Congress immediately after their adoption. The foregoing resolutions were read first time, and, on motion of Mr. Warren, laid on the "table. On motion of Mr. Taylor, of Chatham, the resolution intro¬ duced to-day by him was taken from the table and referred to the committee on Judiciary. Mr. Russ, from the Joint Select committee, to wait on his Excellency, the Governor, reported that the committee had waited on his Excellency, and that he would meet and com¬ municate with the Senate at 1 o'clock P. M. On motion of Mr. Sharpe, the Senate took a recess until tQ 1 o'clock. The Senate, at 1 o'clock, having resumed business, a mes¬ sage was received from the House of Commons, that they agree to the proposition of the Senate to print the Constitu¬ tion of the Confederate States, the Constitution of North Carolina, as amended by the Convention, the Joint Rules, &c. Another message from the House was received, that they 22 SENATE JOURNAL. [Session invite tlie Senate to meet them in the Commons Hall in con¬ ference with his Excellency, the Governor, at 1 0*clock P. M. A message was sent to the House that the Senate accepts their invitation, and the hour of one having arrived, the Senate, with his Excellency, the Governor, proceeded to the Commons Hall. On the return of the Senate to their Chamber, Mr. Simpson moved to adjourn until to-morrow morning 10 o'clock. Ad¬ journed accordingly. THURSDAY, November 20, 1862. Vm, M. Shipp, Senator elect from the 49tli District, pre¬ sented his certificate of election and qualified according to law. Mr. Ramsay moved to reconsider the vote by which the report of the committee on Joint Rules of the Senate and House of Commons was adopted. Carried. Mr. Ramsay now moved, further, that the report of the said Committee be recommitted to them, and that the House of Commons be informed thereof, which also wras carried, and a message accordingly was sent to the House. Mr. "Wooley introduced this resolution: " Resolved, That the Committee on the Judiciary be instructed to inquire as to the expediency of establishing an additional judicial circuit in North Carolina, and that they report by bill or otherwise." And the same was adopted. Mr. Sharpe introduced a resolution entitled a "Resolution in favor of sheep," which is as follows: " Resolved, That the Committee on Finance be instructed to levy a tax upon all the dogs, except one that any citizen may deem proper to keep about his premises, of not less than five dollars per head. Adopted. Also, Mr. Sharpe introduced the following resolutions, to wit: lS62-'63.] SENATE JOURNAL. 23 Resolved, by the General Assemby of North Carolina, That we cordially approve of the course pursued by His Excel leu cy, Grove rn or Vance, the object of which is to furnish •our soldiers with clothing and other necessaries. Resolved, That North Carolina is ready and willing to snake any sacrifice, no matter how great, of both blood and treasure, that may be necessary to insure the independence of the Southern Confederacy. Read and laid on the table. Mr. Lassiter introduced a bill entitled, "A Bill to prevent speculation in corn, lour, bacon, Ac," which was read first time and referred on motion of Mr. Sharpe, to the Committee on theJudieiary; also, a bill entitled " A Bill to amend the :9th ana 12th sections of chapter 101 of the Revised Code, entitled u Roads, Ferries and Bridges,"" which was read first time and referred, on his motion, to the same Committee. Mr, Lane introduced a resolution instructing the Committee on Military Affairs to report, by hill or otherwise, such measures as they may deem necessary for the protection of Eastern North Carolina, which was adopted; also, a resolu¬ tion entitled "A Resolution for preventing the distillation of grain," which was read first time and referred to the Com¬ mittee on the Judiciary. Mr. Smith, of Anson, introduced a resolution entitled "" Resolution in favor of Thomas Smith, attorney in faet of Phillip G-. Smith, to refund him taxes overpaid," which was read first time and referred, on motion of Mr. Sanders, to the Committee on Claims. Mr. Faison introduced a bill entitled " A Bill to secure the property of married women," which was read first time and referred to the Committee on the Judiciary, on motion of Mr. Hall; and was also, on motion ofVMr. Slaughter, ordered to be printed. Mr. Wright moved to reconsider the vote by which the report of the Committee appointed to prepare and report rules for the government of the Senate was adopted. Carried. Mr. Wright now moved that the clause of the rule which directs the Speaker to appoint a Committee on Military 24 SENATE JOURNAL. [Session* Affairs be stricken out, which was carried, and the report of the Committee on rules for the government of the Senate was adopted. Mr. Sharpe introduced a bill entitled " A Bill to repeal' an act ot the last General Assembly of North Carolina, entitled 4 An act to change the jurisdiction of the Courts and the rules of pleading therein,'" which was read first time, and", on motion of Mr. Hall, referred to the Committee on the Judiciary. Messrs. Sharpe, Hall and Young were announced as the Senate's branch of the Committee to superintend the printing of the Constitution of the State as amended by the Conven¬ tion &c., under a resolution ot Mr. Sharpe, intr#3uced on yesterday, and the House of Commons was informed thereof. Mr. Young introduced a bill entitled " A Bill to amend the charter of the Atlantic, Tennessee and Ohio Railroad," which was read and referred to the Committee on Internal Improve¬ ments ; and, on motion of Mr. Ramsay, the same was ordered to be printed. A message was received from the House of Commons that they propose to go into an election for one Engrossing Clerk, at 12 o'clock, M. Agreed to, and Walter A. Huske was nominated by Mr. Wright, and Lewis W. Joyner's name added, by Mr. Simpson, to the nomination, and the House of Commons was informed thereof. Also, received a message from the House of Commons that they transmit sundry documents and propose to print the same. Concurred in. Mr. Hall presented a recommendation of the appointment of Thomas C. Miller a Justice of the Peace for New Hanover county. Agreed to, and the House of Commons was informed thereof. A message was received from the House of Commons that they concur in the foregoingappointment. Mr. Ellis introduced a bill entitled " A Bill to provide for clothing N. C. Troops and for other purposes," which was read first time and referred to the Committee on Military lS62-'63.] SENATE JOURNAL. 25 Affairs; and, on motion of Mr. Ramsay, the same was ordered to be printed. On motion of Mr. Arendell the vote by which said bill was referred was reconsidered, and, on his motion, the same was referred to a select committee. The Chair then announced said Committee, Messrs. Ellis, Lane, Young, Carroway and Wooley. A message v as received from the House of Commons, that the hour of 12 having arrived they would proceed to the election of an Engrossing Clerk. The Senate proceeded, under the superintendence of Messrs. "Wright and Faison, to the election of Engrossing Clerk, which resulted as follows: For Walter A. Huske.—Mr. Speaker, Messrs. Adams, of Davidson, Arendell, Bagley, Carroway, Dickson, Ellis, Faison, Ilall, Holeman, Jarratt, Lane, Lassiter, Leitch, Lindsay, Matthews, Murrill, Neal, Patrick, Ramsay, Russ, Sanders, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, Wiggins, Wooley, Wright and Young.—33. For Lewis W. Joyner:—Messrs. Copeland, Harris, Pow¬ ell, Simpson, Taylor of Nash, and White.—6. Mr. Lane introduced a bill entitled, "A bill to amend the 13th section of the 105th chap, of the Revised Code," which was read first time and referred to the committee on the Judiciary. Mr. Wright from the committee to superintend the election for an Engrossing Clerk, reported that Walter A. Huske re¬ ceived a majority of the whole number of votes given, and is elected. On motion of Mr. Matthews, the Senate adjourned uritil to-morrow morning, 11 o'clock. FRIDAY, November 21, 1862. Prayer by Rev. Mr. Hardie. Hon. Bedford Brown, Senator elect from the 37th District, 26 SENATE JOURNAL. [Session and M. L. Eure, Senator elect from the 3d District, severally presented certificates of election and were qualified according to law. The Speaker announced the following, as the Senate's branch of Joint committees, to-wit: On Deaf and Dumb and Blind Asylum.—Messrs. Aren- dell, Copeland and Taylor of Nash. On Swamp Lands.—Messrs. Lindsay and Mnrrill. On Public Buildings and Grounds.—Messrs. Lane and Jarratt. On Public Library.—Messrs. Ellis, Patrick and Lassiter. On Cherokee Lands and Western Turnpikes.—Messrs. Shipp, Powell and Neal. On Insane Asylum.—Brown, Ramsay and Smith of Macon. Mr. Ellis presented two memorials from sundry citizens of Columbus county, which were referred, on his motion, to the committee on Propositions and Grievances. Mr. Simpson from the Joint Select committee to prepare and report Joint Rules of the Senate and House of Commons, reported, recommending the adoption of the rules of the last General Assembly with this amendment, to-wit: After the words u all orders," in rule 9, insert the word " resolutions." The report was adopted. Mr. Smith of Macon, introduced a resolution as follows, to-wit: " Besolved, That the committee on Military Affairs, be in¬ structed to inquire into the expediency of granting disabled soldiers and the widows and orphans of deceased soldiers, a pension until the Confederate States' Congress shall pro¬ vide for them, and that they report by bill or otherwise." Adopted. Mr. Shipp introduced a bill entitled, a bill to be entitled, u An Act to modify and change an act, entitled, An Act to change the jurisdiction of the courts and the rules of plead¬ ing therein,'" which was read first time, and on his motion, 18G2-'63.] SENATE JOURNAL. 27 referred to the committee on the Judiciary; and on motion of Mr. White, the same was ordered to be printed. Mr. Taylor of Chatham, introduced a bill entitled, "A Bill to repeal the 75th section of the 34th chapter of Revised Code," which was read first time, and on motion of Mr. Kail, referred to the committee on the Judiciary. Mr. Young introduced a bill entitled, " A Bill to amend the charter of the Western Plank Road," which was read first time and referred to committee on Internal Improvements. Mr. Ramsay from the committee on Claims, reported back a "resolution in favor of Phillip G. Smith," and recommend¬ ed its passage. The resolution was read a second time and passed, and on motion of Mr. Smith of Anson, the rules were suspended and the same was read a third time and passed. By Mr. Lassiter, Resolved, That so much of the Governor's message as re¬ fers to the raising of ten regiments for State defence, be re¬ ferred to the Joint committee on military affairs. Adopted. Mr. Ellis introduced a resolution as follows: Resolved, That the Quarter Master General of North-( !ar- olina be and he is hereby requested to lay before the Legis¬ lature a full and complete statement of all the transactions of his office since the commencement of the war, setting forth particularly the amount of clothing issued, to what regiments, battalions or companies, issued; the number of requisitions filled ; the number of requisitions made upon his office that have not been filled; what evidence he has that the supplies sent have been received and used by the troops to whom sent; the amount of all sorts of Quartermaster's stores now on hand—setting forth particularly the amount of each kind; the number of contracts he has made for supplies in North- Carolina ; the persons and parties with whom he has con¬ tracted ; the amount of supplies he is likely to raise from all these sources, and the probable amount, if any, he is likely to fall short of what will be required for the use of our troops for the next six months. Adopted. 28 SENATE JOURNAL. [Session Mr. Ramsay asked leave of absence for Mr. Hall for two or three days. Granted. On motion of Mr. Simpson, the Senate adjourned until to-morrow morning, 10 o'clock. SATURDAY, November 22, 1862. Prayer by Rev. Mr. Lansdell. The Speaker announced as the Senate branch of the Joint Committee on Military Affairs, Messrs. Eure, Young and Carraway. Mr. Ramsay introduced a resolution, referring different parts of the Governor's message, to appropriate commmittees, to wit: " Resolved, That so much of the Governor's message as re¬ lates to State defences, and the employment of slave labor for that purpose ; to raising ten regiments for that purpose; to internal police regulations ; to the manufacture of powder and other munitions of war ; to providing clothing and sub¬ sistence for our troops and officering those in the service of the Confederate States, be referred to the committee on Mili¬ tary Affairs. Resolved, That so much of the same as relates to the pun¬ ishment of deserters from the army, and of those who aid and harbor them ; to the right of habeas corpus and to civil and military law ; to political prisoners, citizens of North Caroli¬ na, confined in Salisbury or elsewhere; to reinstating the Courts, Superior and Supreme; to the certificates of clerks to Judges; to the re-organization of the Judicial Circuits, and the creation of a new circuit, be referred to the committee on the Judiciary. Resolved, That so much of the same as relates to the State debt, currency, taxation of land and slaves; to the Board of claims, and the appointment of an Auditor of Public accounts, be referred to the Committee on Finance. Resolved, That so much of the same as relates to the ex- 1862—'63.] SENATE JOURNAL. 29 portation of flour, bacon, leather, &c., and to the distillation of spirituous liquors from grain, be referred to the committee on Propositions and Grievances. Resolved, That so much as relates to repairing the public highways and to internal improvements generally, be refer¬ red to the committee on Internal improvements. Resolved, That so much of the same as relates to Common Schools, and the Literary Fund, and to authorizing the Lite¬ rary Board to appoint a Treasurer, be referred to the com¬ mittee on Education and the Literary Fund. Resolved, That so much as relates to the purchase, by the State, of corn and bacon for soldiers' wives and children, be referred to the committee on Agriculture. Resolved, That the committees above named be requested to take the snbjects severally referred to them in these reso¬ lutions, into early and earnest consideration, and report as soon as practicable by bill or otherwise," which were read and adopted, and on his motion, ordered to be printed. Mr. Murrill moved to take up the resolutions entitled "Re¬ solutions instructing our Representatives, and requesting our Senators in Congress, to urge a repeal of certain clauses of the act of Congress known as the " Exemption act," and to refer the same to the committee on Military Affairs. Carri¬ ed, and the resolution was referred accordingly. Mr. Ramsay asked leave of absence for Mr. Adams of Da¬ vidson, until Tuesday next, which was granted. Mr. Lane, introduced a bill entitled, "A Bill in regard to tho hire of Slaves," which was read first time, and on his mo¬ tion, referred to the committee on the Judiciary; and fur-- ther, on his motion, was ordered to be printed ; also, a bill entitled, " A Bill for the management of Insolvent estates," which was likewise read first time, and on his motion ordered to be printed, and to be referred to the committee on the Ju¬ diciary. A message from the House of Commons was received, that they transmitted a message of his Excellency, and the report 30 SENATE JOURNAL. [Session of tlie Directors, &c., of the Insane Asylum, and proposing to print said report, which was agreed to. Mr. Ellis intrnduced a bill entitled, " A Bill concerning Salt," which was read first time and referred, on his motion, to the committee on Propositions and Grievances. Mr. Copeland introduced a resolution entitled " A Resolu¬ tion pertaining to the Militia," which was read first time, and on motion, referred to the committee on Military Affairs. Mr. Warren, from the Committee on the Judiciary, asked leave to return certain bills and a resolution and have them referred to appropriate committees. Leave granted, and on his motion, a bill entitled " A Bill to amend the 9th and 12th sections of chapter 101 of the Revised Code," was referred to the Committee on Internal Improvements ; a bill entitled "A Bill to prevent speculation in corn, flour, bacon, &c.," was referred to the Committee on Military Affairs ; a resolu¬ tion entitled " A Resolution for the preventing the distillation of grain," was referred to the Committee on Propositions and Grievances. Mr. Russ introduced a resolution entitled " A Resolution to prohibit the transportation of articles of prime necessity beyond the limits of the State," which was read first time, and the rules were suspended and the resolution read a sec¬ ond time. Mr. Young offered as an amendment the following resolu¬ tion, to-wit: " Resolved, That the Governor be and he is hereby author¬ ized to cause to be seized any articles of provisions or clothing which may be in transitu to markets beyond the limits of this State, or which are known to be intended for markets beyond this State: Provided^ that in liis opinion such article.or arti¬ cles are necessary for the use of the troops of this State or for destitute citizens of any part of the State, and provided, further, that such articles have not been purchased for the immediate relief of special committees or persons not residing in this State," which was read and rejected. A message was received from the House of Commons, that 1862-,63J SENATE JOURNAL. 31 they propose to the Senate to go into an election at 12 o'clock M. for Comptroller, and that C. H. Brogden is in nomination therefor, which was agreed to. Mr. Mnrrill moved to^amend Mr. Russ' resolution of to-day by adding after the words " force and effect of law," the words " for the space of twenty days," and Mr. Slaughter moved to add thirty days, which latter motion was agreed to., . Air. Young now moved to amend by adding after the words "Confederate States," words "and properly accred¬ ited agents of destitute communities from other States," which was not agreed to. Mr. Copeland moved to amend by adding this proviso: Provided, said resolution shall interfere with no articles which are being exchanged in trade between accredited agents of counties or communities from this State to other States." Not adopted. The original resolution passed its second reading. The hour of 12 having arrived, the Speaker announced Messrs. Lane and Taylor, of Chatham, committee on the part of the Senate to superintend the election for Comptroller, and the House was informed thereof. The Senate proceeded to vote—C. II. Brogden being in nomination—for Comptroller. The vote was as follows : Foe C. II. Bkogden—Mr. Speaker, Messrs. Adams, of David¬ son, Adams, of Guilford, Arendell, Bagley, Brown, Carro- way, Copeland, Dickson, Ellis, Eure, Faison, Ilarriss, Hole- man, Jarratt, Lane, Lassiter, Lindsay, Leitch, Matthews, Murrill, Neal, Patrick, Powell, Ramsay, Russ, Sanders, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Ala- con, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, "Warren, White, Wiggins, Wooley, Wright and Young—41 A message was received from the House that Alessrs Grier and Kelly were the Committee on the part of the House to superintend the election for Comptroller, and that the House would proceed to vote upon the return of the messenger. 32 SENATE JOURNAL. [Session Tlie resolution of Mr. Rnss was read a third time. Mr. Eure moved to amend by adding after the words " ex¬ cept articles," the words " held by," which was accepted. Mr. Eure now offered an amendment in these words: Strike out the words " all articles of prime necessity," and insert " all articles of clothing, wool, shoes, leather, cloth of any kind, provisions, wheat, flour, meal, pork, bacon, hogs, cattle, salt or any other article of prime necessity, the product of this State." A message was received from the House that they propose to go into an election for Solicitor of the 7th Judicial Circuit at 1 o'clock, and A. S. Merriman, Esq., of Bumcombe, is in nomination therefor, which was agreed to, and the Chair anuounced Messrs. Smith, of Macon, and Faison, as the com¬ mittee on the part of the Senate to superintend the election. The question recurring on the amendment proposed by Mr. Eure to the resolution of Mr. Russ, the amendment was adopted. The rules were suspended and the resolution was read a third time and passed. Mr. Ramsay moved to reconsider the vote just taken ; Mr. Sanders moved to lay on the table his motion, which was carried. Mr. Brown moved that the resolution be engrossed and transmitted forthwith to the House of Commons, and it was engrossed and sent accordingly. A message from the House was received that they had appointed Messrs. Lyle and Nissen a committee to superin¬ tend the election of Solicitor for the 7th Judicial Circuit, and would proceed to vote on the return of the messenger. Mr. Taylor, of Chatham, from the committee on the part of the Senate, to superintend the election for Comptroller, re¬ ported that C. H. Brogden received 129 votes, being a majority of the whole number cast, and is elected. Mr. Adams, of Guilford, introduced a bill entitled " A Bill to prohibit for a limited time the manufacture of spirituous liquors from grain, amendatory of an Ordinance of the Convention 1862-'63.] SENATE JOURNAL. ratified the 21st February, 1862," which was read first time, •and on motion of Mr. Ramsay, referred to the Committee Oft Propositions and Grievances, and also, oft his motion, ordered to be printed. The Senate proceeded to vote for Solicitor of the 7t'h Judi¬ cial Circuit"; A. S. Merrimon being in nomination—the vote was as follows > Foe A. S. Meebikon—Mr. "Speaker, [Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Bagley, Brown, Car- roway, Copeland, Dickson, Ellis, Eure, Paison, Harris, Hole- man, Jarratt, Lane, Lassiter, Leitch, Matthews, Murrill, Heal, Patrick, Powell, Ramsay, Puss, Sanders, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Taylor, of Hash, Warren, White, Wig¬ gins, Wooley, Wright "and Young—40. A message was received from the House, that th 'ey trans¬ mit the House branch of Joint Standing committees ; also •another message was received that they pror,o80 to raise a joint select 'committee of five on their partj and three on the part of the Senate, to take into consideration the verbal com¬ munication of the Governor, which w&s agreed to. Mr. Faison from the committee appointed to superintend the election of Solicitor for the 7th Judicial Circuit, reported that the whole number of votes east is 127. A. S. Merrimon, received that number, and is unanimously elected. A message was received from the House, that they request the Senate to concur with them in a resolution to proceed immediately upon the return of the messenger, to an election! for Solicitor for the 1st Judicial Circuit; that Jesse J.. Yates,. of Hertford, had been placed in nomination. Concurred, in^, and Messrs. Warren and Patrick were announced by the Chair as committee on part of the Senate, to superintend1.the' election. A message was received from the House, that* Messrs. Spruill and Riddick constitute the House branch of the com¬ mittee to superintend; the election of Solicitor fo& tb&lBt Ju¬ dicial Circuit;. a SENATE JOURNAL. [Session The Senate proceeded to vote, Jesse J. Yates being in nomination, for Solicitor of the 1st Judicial Circuit The vote was as follows:— Eor Jesse J. Yates.—Mr. Speaker, Messrs. Adams, of Da¬ vidson, Adams, of Guilford, Areudell, Bagley, Brown, Carro- way, Copeland, Dickson, Ellis, Eure, Eaison, Harris, Hole- man, Jarratt, Lane, Lassiter, Leitch, Matthews, Murrill, Neal, Patrick, Powell, Ramsay, Russ, Sanders, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, War¬ ren, White, Wiggins, Wooley, Wright and Young.—10. Mr. Jarratt introduced this resolution which was adopted, to-wit: " Resolved, That the Governor be requested to inform the General Assembly, at as early a day as may suit his conve¬ nience, how many troops North-Carolina has furnished for the war, how many were State troops, how many volunteers or conscripts, and what number has been retained for State service—in other words, how many troops have we in North- Carolina at this time." Mr; Warren, from the committee to superintend the election for Solicitor for the first Judicial Circuit, reported that Jesse .J. Yates, received all the votes cast, and is elected. The Speaker announced as the committee on the verbal message of the Governor, Messrs. Brown, Lane and Jarratt. On motion of Mr. Sharpe, the resolutions entitled, *' Reso¬ lutions approving the course of his Excellency, Governor Yance," were taken from the table, and referred to the fore¬ going committee. A message was received from the House, that they trans- >mit to the Senate the resolutions, entitled, " Resolutions to ,prohibit the transportation of articles of prime necessity, be¬ yond the limits of the State," and propose to amend the same .by striking out the words " product of this State," by insert¬ ing after the words " eloth of any kind," the words " cotton .yarns," and by .adding, after the words " Confederate States^' 1862-'63.] SENATE SOURNAL. 35 tlie words " and any otlier State of the Confederate States," to which the Senate agreed. A message was received from the House, that they trans¬ mit, duly enrolled and signed by the Speaker of the House of Commons the resolution entitled, "Resolution to prohibit the transportation of articles of prime necessity beyond the limits of the State," and the same was signed by the Speaker of the Senate. On motion of Mr. Adams, of Guilford, the Senate adjourned until Monday morning, 10 o'clock. MONDAY, November 24, 1832. Prayer by Rev. Mr. Atkinson. Mr. Wooley introduced a bill entitled " A Bill for the relief of debtors in certain cases," which was read first time and referred, on motion of Mr. Dickerson, to the Committee on Propositions and Grievances. The vote by which the same was referred was reconsidered, and the bill on motion of Mr. Ramsay, was referred to the Committee on the Judiciary. Mr. Neal asked leave of absence for Mr. Sharpe until Saturday next. Granted. Mr. Graham introduced a resolution entitled " A Resold tion in favor of Solomon Pool," which was- .read first time and on his motion the same, with a letter, was referred to the Committee on Claims. Mr. Murrill introduced a bill entitled " A Bill to amend an act entitled, 'An Act for the better administration of justice in Onslow County, and for other purposes,'" which was read first time and, on his motion, referred to the Committee on the Judiciary. Mr. Matthews introduced a resolution entitled " A Resolu¬ tion authorizing the Governor to send a committee to exam¬ ine into the condition of the sick and wounded soldiers from North Carolina now in the hospitals of Virginia," which was 36 SENATE JOURNAL. [Session read first time and referred to the Committee on Military Affairs. Mr. Adams, of Guilford, introduced a bill entitled " A Bill to amend an act entitled 4 An Act to incorporate the Lizzer- dale Copper Company,'" passed Feb. 1859, which was read first time and, on his motion, referred to the Committee on Corporations. The resolutions entitled "Resolutions in regard to the present condition of North Carolina Troops," were taken up, read a second time, and, on motion of Mr. Graham, referred to the Joint Committee on Military Affairs." A message was received from the House that they transmit a message of His Excellency the Governor, and accompany¬ ing documents, to wit: the annual reports of the President and Directors, Principal, Treasurer and Auditor of the North Carolina Institution for the Deaf and Dumb and Blind, and propose to print the same, which was agreed to. Also, another message that they propose to the Senate to raise a joint committee of five on the part of the House and three on the part of the Senate, to consider that portion of the Gover¬ nor's Message, which relates to the act of the last session of the General Assembly, being "An act to change the Juris¬ diction of the Courts and the Rules of Pleading therein," was received and agreed to. And the Speaker announced as the committee on the part of the Senate, Messrs. Graham, "Wright and Wooley. Messrs. Ramsay, Ellis and Wright were announced by the Speaker as the Senate's branch of the Committee on Enrolled Bills, for the present week. Mr. Taylor, of Chatham, moved that a message be sent to the House of Commons that the Senate proposes to go into an election for Superintendent of Common Schools at 12J o'clock to-day, and Calvin H. Wiley is in nomination there¬ for. Carried. Mr. Ramsay introduced a resolution authorizing the Principal Door-keeper of the Senate to furnish a clock forth© use of the Senate, either by purchase or otherwise. 1862-'63.] SENATE JOURNAL. 37 The resolution was read first time, and the rules having been suspended, it was read a second and third time and passed. A message was received from the House of Commons, that they had passed, on the 18th inst, through their several readings, a resolution in favor of J. W. Alspaugh, and a resolution in favor of Philip G. Smith. On motion of Mr. Simpson the message was laid on the table. A message was now received from the House that they Agree to the Senate's proposition to go into an election for Superintendent of Common Schools, at 12|- o'clock. Also, another message that they had appointed Messrs Walser and Vann on the committee on the part of the House, to super¬ intend said election. The Speaker announced Messrs. Taylor, of Chatham, and Wooley as the committee on the part of the Senate. Mr. Warren, from the Committee on the Judiciary repor¬ ted upon the bill entitled "A Bill to repeal the 75th section of the 31th chapter of the Revised Code," with a recommen¬ dation that it do not pass. At 12£ o'clock the Senate proceeded to vote for Superin¬ tendent of Common Schools. The vote was as follows : Fob Me. C. H. Wiley—Mr. Speaker, Messrs. Adams, of .Guilford, Arendell, Bagley, Carroway, Copeland, Dickson, Ellis, Eure, Faison, Graham, Harris, Holeman, Lane, Lassiter, Leitch, Matthews, Murrill, Neal, Patrick, Powell, Ramsay, Russ, Simpson, Slaughter, Smith, of Anson, Smith, of Stanly, Taylor, of Chatham, White, Wiggins, Wooley, Wright and Young—33. A message was received from the House of Commons that they transmit for ratification a resolution entitled "A Resolution to purchase the Ordinances and Resolutions of the late Convention," and the same was signed by the Speaker of the Senate. The Senate adjourned, on motion of Mr. Eure, until to¬ morrow morning 11 o'clock. 38 SENATE JOURNAL. [Session TUESDAY, November 25, 1862. Prayer by Rev. Dr. Lacy. Mr. Taylor, of Chatham, on the part of the Joint Committee to superintend the election of Superintendent of Common Schools, reported that Rev. C. H. Wiley received the whole number of votes cast, being 119, and is elected. Mr. Lassiter, from the Committee on Propositions and Grievances, reported that the Committee had considered sundry memorials from citizens of Columbus county, praying to be protected against high prices brought about by specu¬ lation on articles of prime necessity, and recommended that suitable laws be passed to prevent speculation, &c., in accor¬ dance with the prayer of the memorialists, and asked to be discharged from the further consideration of the subject; Report concurred in, and the committee discharged as to the memorials reported on. Mr. Eure, from the Joint Committee on Military Affairs, reported upon the resolution entitled " A Resolution author¬ izing the Governor to send a committee to examine into the condition of the sick and wounded soldiers from North Caro¬ lina now in the hospitals of Yirginia," with a recommendation that it do not pass; he also reported back from the same com¬ mittee a resolution of enquiry in behalf of disabled soldiers and the widows and orphans of deceased soldiers, and asked to be discharged from, its further consideration. The com¬ mittee was discharged accordingly. Mr. Young, from the Joint Committee on Military Affairs, reported upon the resolutions entitled " Resolutions in regard to the present condition of North Carolina Troops," recom¬ mending that they do not pass. Mr. Graham introduced a bill entitled " A Bill to allow further time for the registration of grants, conveyances, and other instruments," which was read first time, and on motion of Mr. Ramsay, referred to the Committee on Judiciary. Mr. Young, from the Joint Committee on Military Affairs, returned a bill entitled " A Bill to prevent speculation in 1862-'63J SEHATE JOURNAL. 39 corn, flour, bacon, &c.," and moved to refer it to the commit¬ tee on Finance, and the same was so referred. Mr. "Warren introduced a bill entitled " A bill to transfer the jurisdiction of the courts of counties occupied or enrolled bj a public enemy," which was read first time, and on his motion, ordered to be printed. Mr. Simpson introduced a resolution instructing the Joint Committee on Military Affairs to inquire into the expediency and propriety of raising a police force for the protection of the people of Rockingham county, against the revolt of slaves, ps," and an engrossed bill entitled " An Act for the purchase of provisions," reported upon the former with a recommendation that it do not pass, and the latter, with an amendment to strike out all after the words " An Act," and insert, as an amendment, a substitute offered by the commit¬ tee. On motion of Mr. Brown the substitute was ordered to be printed, and the bill was postponed until Monday and made the order of the day for 12 o'clock. Mr. Ramsay moved to take from the table the reports of the commissioners on salt works &c., and refer the same to the Committee on Propositions and Grievances," which was agreed to. Mr. Shipp moved to take up and refer to the Committee on the Judiciary the bill entitled " A bill to transfer the Jurisdic¬ tion of the Courts of counties occupied or controlled by a public enemy," and the bill was so referred. Mr. White introduced a bill entitled " A Bill to amend the ordinance of the Convention entitled, ' An Ordinance to make some provision for the families of soldiers dying in service/ ratified the 22d February, 1862, and for other purposes," which was read first time, and, on his motion referred to the Joint Committee on Military Affairs. By Mr. Ramsay: " Hesolved, That so much of the Governor's1 message as relates to salt, be referred to the Committee on Propositions and Grievances." Adopted. A resolution entitled " A Resolution for preventing, the distillation of grain," was read a second time, and on motion ©f Mr. Sharpe, laid on the table. The bills entitled " A Bill to amend an act entitled ' An Act i$62-,63/| SENATE JOtJR^AL to incorporate the Lizzardale Copper ■Company/if and " A Bill to amend! the charter of the Atlantic, Tennessee and Ohio Railroad," were read third time and passed. A bill entitled "A Bill to amend the 9th and 12th sections of chapter 101 of the Revised Code," entitled "Roads, Ber¬ ries and Bridges," was read a third time. Mr. Murrill moved to strike out all after the enacting clause and insert as follows: That sections 7t,h to the 43rdr inclusive of chapter 101 of the Revised < 'ode, entitled "Roads, Ferries and Bridges," be and the same are hereby repealed. Be it further enacted, That the several Courts of Pleas and Quarter Sessions, shall, at the first court which shall be held after the first day of January next, appoint some suitable person to act as Road Commissioner, whose duty it shall be to let out the roads in said county in such portions as the court may direct, to the lowest bidder, that is to say, to the- person who will keep said portions of the road in good repair ' for one year for the least sum of money; he entering into bonds payable to the State of North Carolina, with two or snore good securities and tested by the Road Commissioner, in double the amount agreed upon, for the faithful perfor¬ mance of his duty. Be it further enacted, That the several courts aforesaid shall have power, and are hereby authorized and required at their first meeting, after the first day of January - next, to levy a tax upon all wagons, carts, carriages, buggies, sulkies and horses, (in proportion to their use and carriage) sufficient to- pay for keeping the roads in good repair. Be it further enacted, That said tax shall be considered a part of the tax for county purposes, and be collected, by the sheriffs as other county taxes are collected. Be it further enacted, That, this act shall be in foree from = and after its ratification.. Mr. Sharpe moved to -re-commit the bill to the Cbrami- tee on Internal Improvements, which was not agreed to*' The question b.eing,upon striking out, it was decided intbiu' negative. S& SENATE JOURNAL. [Session Mr. Graham moved to insert the words " Ministers of the Gospel," after the word " except " in section 2nd line 7th, which was agreed to. Mr. Copeland moved to amend as follows: Be it further enacted, That section 7 th of chapter 101 of the Revised Code, be amended so that overseers of public roads shall receive such compensation for their services us the County Court may allow. Not agreed to. ' Mr. Murrill moved to amend by adding" as follows "Be if further enacted, That section 40th of chapter 101 of the Revised Code, be, and the same is hereby repealed." Not agreed to. Mr. Smith, of Macon, proposed an additional section as an amendment, as follows \ " Be it further enacted, That all laws or parts of laws which corne in conflict with this act, be and the same are hereby repealed." Which was not rgreed to. A message was received from the House that they propose to the Senate to go immediately into the election of one Engrossing Clerk, and that Messrs. M. J. Moore, Edward Tail, Jos. J. Anderson and Duncan G. McRae are in nomination therefor. Mr. Copeland moved to amend by striking out " one " and inserting " two" before the words "engrossing clerks." Agreed to, and Mr. Russ nominated T. H. Hill, and the House were in¬ formed of the same. The question recurring on the passage of the bill last taken up, Mr. Lane moved to amend by striking out in line 7 the number " 14 " and inserting " 17," and in line 9 the number " 16 " and inserting " 18," which was agreed to, and the bill as amended passed. A message from the House was received that they concur in the Senate's proposition to go into an election for two' Engrossing Clerks, and appointed Messrs. Hampton and Russel, of Craven, Committee on their part to superintend the election. The Senate agreed,, and the Speaker announced as the l862-r63.] SEKATE JOURHAL. Committee to superintend the election, on the part of the Senate, Messrs. Copeland and Jarratt. The election was proceeded, to with the following result: For Mr. EdwaedY ail.—Messrs. Adams, of Guilford, Brown,- Copeland, Dickson, Ellis, Eure^Harriss, Holeman, Lane, Mur- rill Powell, Smith, of Anson, Whitford, "White and Wright —15. For Mr. Matthew J*. MooEe.—-Mr. Speaker, Messrs, Adams, of Davidson, Adams, of Guilford, Bagley, Carroway, Dickson, Dickerson, Graham, Holeman, Jarratt, Lassiter, Lindsay, Leitch, Matthews, Murrill, Heal, Patrick, Powell,. Ramsay, Rnss, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, War¬ ren, White and Wooley—31. For Mr. T. H. Hill—Mr. Speaker, Messrs. Adams, of Da¬ vidson, Bagley, Brown, Carroway, Copeland, Dickerson, Ellis, Eure, Graham, Harrissr Jarratt, Lane, Lassiter, Lind¬ say, Leitch, Matthews, Heal, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, Whitford, Wooley and Wright—34. A message was received from the House, that they con¬ curred in the report of the Joint Committee on Finance, and that they send the same to the Senate for their action. The report was read and concurred in by the Senate. The Bill entitled, " A Bill to secure the property of mar¬ ried women," was taken up and passed over informally. The bill entitled, "A Bill for the management of Insolvent Estates, was read a second time, and postponed indefinitely, on motion of Mr. Warren. Mr. Ramsay moved that a message be sent to the Houser that the Senate proposes to go into an election for Treasurer of the State, at 1£ o'clock, which was carried, and Mr. Sharpe, nominated Jonathan Worth, and Mr. Simpson nominated Daniel W. Courts, therefor. The bill entitled, " A.Bill in regard to the hire of slaves,'r was read second time and rejected. 58 SENATE. JOUENAL* A message was received from the House, that they do not concur in the proposition of the Senate to go into an election at o'clock, for Treasurer of the State. The hill entitled, " A Bill to prohibit, for a limited time, the manufacture of spirituous liquors from grain, amendatory of an Ordinance of the Convention, ratified the 21st Eebru-- ary, 1862," was read a second time. Mr. Shipp moved to amend by striking out all after the enacting clause and inserting as follows, to wit: " That from and after the 1st day of January, 1863, it shall not be lawful, for any person in this State, to distil any spirituous liquors, out of corn, wheat, oats, rye Chinese sugar cane, syrup, mo¬ lasses, rice, or potatoes, or any mixture of any or either of them, and all persons guilty of violating this act, shall for each and every act of distillation, be guilty of a misdemeanor, and on'conviction thereof, shall be fined and imprisoned ; the fine not to be less than one hundred dollars, and the impri¬ sonment not to be less than thirty days : Provided, that any person who may have heretofore made a contract with the Confederate States' Government, may, upon application to the Governor, obtain a license to distil spirituous liquors, to fulfil such contract, from such grain or other materials pro¬ cured beyond the limits of this State : And > provided further, That this act shall not be construed to repeal, amend or mo¬ dify an Ordinance passed by the Convention of this State, entitled, ' An Ordinance to prohibit for a limited time, the manufacture of spirituous liquors from grain,' but said QrdL nance is to remain in full force and effect, until the 1st day of' January, 1863." Sec. 2. Be it further enacted, That this act shall be in force and take effect from and after its ratification. Upon call for a division of the question, the Senate decided to strike out. The question to insert pending, Mr. Lindsay moved to amend by inserting after the words "lawful for any persons in the State," the words, " except those within, th.Q, enemy's lines," which was not agreed to,. 3.862—'63.J SENATE JOURNAL 59* Mr. Jarratt moved to amend by striking out the words " sugar cane, seed and syrup." Not agreed to. Mr Leitch moved to amend by striking out the words " one hundred dollars" and inserting "one thousand dollars" after the Words " the fine shall not be less than." Not agreed to, Mr. Ramsay moved to strike out the word "heretofore"in the first proviso and add after the words " Confederate States Government " in the same words, "prior to the 15th April, 1862," when Mr. Graham moved to strike out the entire first proviso, which latter motion prevailed. Mr. Bagley moVed to insert after the words " it shall not be lawful for any person in this State," in section 1, the words " except 'citizens of the counties of Currituck, Cam- -den, PaSqfrotank, Perquimans, Gates, Chowan, Hyde and Tyrrell," which was not agreed to. Mr. Graham moved to add after the word "ratification,"1 in section 2, the words "and shall continue in operation until the first day of January, A. D. 1865," which was agreed to. The question being on inserting the amendment proposed by Mr. Shipp, as amended, it was decided in the affirmative, and the bill as amended passed. On motion of Mr. Brown, the rules were suspended, and said bill Was read a third time. Mr. Sharpe moved to amend by striking out the words Chinese sugar cane and syrup," which was not agreed to. And the bill passed. A message was received from the House of Commons, that tliep concur in the amendment made by the Senate to engrossed resolutions entitled "Resolutions declaring the separation between the Confederate States and United States final", and to sustain the President of the Confederate States and the Governor of North Carolina." On motion of Mr. Slaughter, the Senate adjourned until to-morrow morning, 10 o'clock. 6a SENATE JOURNAL. [Session SATURDAY, November 29, 1862. Prayer by Rev. Mr. Lansdale. Mr. Lassiter introduced a resolution requesting the Com¬ mittee on Agriculture to inquire as to the expediency of limiting the cultivation and production of tobacco, which was adopted. Mr. Ellis, from the Committee on Claims, reported upon the resolution entitled "A Resolution in favor of S. S. Hicks," and recommended that it do pass. Mr. Ellis moved to suspend the rules in order that the resolution might be read a second time, which motion was lost. Mr. Sharpe introduced a bill entitled "A- Bill to regulate the fees of J ailors," which was read first time, and, on his motion, referred to the Committee on the Judiciary. Mr. Copeland, from the Committee to superintend the election of two Engrosssng Clerks, reported that T. H. Hill received a majority of the whole number of votes cast, and is elected also that M.- J. Moore received a majority of the whole number cast, and is elected. Mr. Neal introduced a bill entitled "A Bill to incorporate the town of Marion," and, on his motion, the same having been read first time, was-referred, together with a memorial from sundry citizens of McDowell County, to the Committee on Cbrporations. THr. Adams,, of Guilford, introduced a bill entitled "A Bill in regard to witnesses attending courts beyond the limits of their county," which was read first time and referred, on his motion, to the Committee on the Judiciary. The bill entitled " A Bill to amend the 13th section of the 105th chapter of the Revised Code," was read a second time, and the amendments recommended by the Committee on the Judiciary were adopted, as follows: After the word " courts " strike out the words " in the State " and insert "a majority, or twelve of the Justices, being present;" after the word " bonds'1 insert the words "hereafter to be executed before the word " thousand " strike out " fifty " and insert 1362-63.] SENATE JOURNAL. 61 "thirty;" and after the word "dollars" insert the word " each." The bill as amended passed its second reading. The bill entitled "A Bill to provide for clothing North- Carolina Troops and for other purposes," was taken up and its further consideration postponed, on motion of Mr. Ellis, until Monday next. The bill entitled <{* A Bill to amend an act entitled 'An Act for the better administration of justice in Onslow county and for other purposes,' " was read a third time and passed. Resolutions entitled " Resolutions concerning the defence of the State and the clothing of our troops," were read a second time, and on motion of Mr. Ramsay, laid on the table. The engrossed bill entitled " A Bill in reference to the sal¬ aries of the Judges of the Superior Courts of Law and Equity," was read a second time. Mr. Bagley moved to amend by including within the pro¬ visions of the bill, Solicitors; which was not agreed to. Mr. Ramsay moved to amend by adding a proviso to the 1st Section, as follows: " Provided, the amount of the salary does not exceed the sum of one thousand nine hundred and fifty dollars for each Judge," and it was not agreed to. The question being on the passage of the bill upon its second reading, Mr. Warren asked for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative, are, Messrs. Bagley, Ellis, Eure, Lassiter, Leitch, Sanders, Sharpe, Shipp, Slaughter, Warren and Wright—11. Those who voted in the negative, are, Messrs. Adams of Davidson, Adams of Guilford, Brown, Carroway, Copeland, Dickson, Dickerson, Harris, Holeman, Jarratf, Lindsay, Matthews, Murrill, Neal, Patrick, Powell, Ramsay, Russ, Simpson, Smith of Macon, Smith of Stanly, Taylor, of Chatham, Wliitford, White and Wooley—25. Mr. Ramsay having voted aye, changed his vote, stating that he desired to move a re-consideration of the bill. A message was received from the House that they ask the 62 SENATE JOURNAL. [Session concurrence of the Senate in a proposition to adjourn sine die on the 22nd day of December next. On motion of Mr. "Warren, the message was laid on the table. A message was received from the House that they transmit an engrossed bill entitled " An Act to amend the 102nd chapter of the Revised* Code." The bill was read first time. Mr. Whitford introduced a bill entitled " A Bill for the benefit of Justices of the Peace, refugees from their coun¬ ties," which was read first time, and on motion, referred to the Committee on Propositions and Grievances. Leave of absence was granted to Mr. Copeland from and after to-day until Wednesday next, on motion of Mr. Hole- man ; to Mr. Lane until Monday week, on motion of Mr. White; to Mr. Warren indefinitely, on motion of Mr. Wright; to Mr. Bagley from and after Monday until Wednesday, on motion of Mr. Warren. Mr. Wright moved to reconsider the vote upon the bill entitled " A Bill to amend the 9th and 12th sections of chap¬ ter 101, of the Revised Code, entitled " roads, ferries and bridges ;" which was lost. On motion of Mr. Slaughter, the Senate adjourned until Monday morning 11 o'clock. MONDAY, December 1, 1862. Edwin D. Drake, Senator elect from the 27th District, pre¬ sented a certificate of his election and qualified according to law. Mr. Dickerson presented a petition from Jesse Western, a free man of color, praying to be made by law, a slave of Joseph L. Hampton, which, on motion of Mr. Graham, was referred to the Committee on the Judiciary. Mr. Graham introduced a resolution instructing the Com¬ mittee on the Judiciary, to inquire into the expediency of providing by law for a more speedy and simple remedy by 1862-63.] SENATE JOURNAL. 63 landloards for the recovery of possession, of lands against tenants holding over, after the expiration of their terms; which was adopted. By Mr. Lassiter, " Resdlved, That a message be sent to the House of Commons that the Senate proposes to raise a Joint Select Committee of seven on the part of the House and five on the part of the Senate, to whom should be referred the message of his Excellency, the Governor, on the subject of salt, and whose duty it should be to inquire and report as early as practicable, what legislation is necessary to aid in securing to the people of North Carolina a sufficient supply of that article." Adopted. Mr. Lassiter also introduced a resolution entitled "A reso¬ lution in favor of Thomas E. and C. W. Skinner, Jr.;" which was read first time, and, on his motion, referred to the Com¬ mittee on Claims. Mr. Ellis introduced a resolution, entitled " A resolution in favor of Lewis Williamson ;" which was read first time, and, on his motion, referred to the same committee. The bill entitled "A bill to amend the 13th section of the 105th chapter of the Revised Code," was read a third time and passed. On motion of Mr. Graham, the foregoing bill was re-con¬ sidered and amended by striking out " thirty thousand " and inserting " fifty thousand," before the word " dollars," as the amount of the Sheriff's bond; and the title was amended to be " A bill amendatory of the law in. relation to Sheriff's bonds." The bill, as amended, passed. Mr. Ramsay moved to reconsider the vote by which was rejected the engrossed bill entitled " A bill in reference to the salaries of the Judges of the Superior Courts of law and Equity." Carried, and on his motion, the said bill was made the special order for Thursday next, at 12 o'clock. The bill entitled " A Bill to provide for clothing North Carolina Troops and for other purposes," was read a second time, and on motion of Mr. Ellis, laid on the table. Mr. Jarratt introduced a bill entitled, " A Bill to change <64 SENATE JOURNAL. '[Session the place of comparing the polls in the 44th Senatorial Dis¬ trict," which was read first time, and referred, on his motion, to the Committee on Propositions and Grievances. The bill entitled, " A Bill to secure the property of mar¬ ried women," was taken up and postponed until Friday next, and made the order of the day for that day, at 12 o'clock, on motion of Mr. Faison. The engrossed bill, entitled u An Act to amend the 38th Section of the 102d Chapter of the Revised Code," was read second time, and referred, on motion of Mr. Graham, to the Committee on the Judiciary. Mr. Sharpe, by leave, introduced a bill entitled, " A Bill to authorize the County Courts to appoint Commissioners to settle estates which was read first time and referred to the Committee on the Judiciary, on his motion. The hour of 12 having arrived, the Senate proceeded to the consideration of the engrossed bill, entitled, " An Act for the purchase of provisions," and the amendment thereto as re¬ ported by the Select Committee. The question being on striking out all after the words, " An Act," and inserting the amendment, The Senate refused, upon a division of the question, to strike out. On motion of Mr. Matthews, the Senate adjourned until to¬ morrow morning, at 10 o'clock. TUESDAY, December 2, 1862. E. J. Blount, Senator elect from the 11th District, and Da¬ vid Outlaw, Senator elect from the 7th District, severally presented certificates of election, and qualified according to law. A message was received from the House of Commons, that they agree to the proposition of the Senate to raise a Joint Select Committee of seven on their part and five on the part of the Senate, to whom Bliould be referred so much of the lS62-'63.] SENATE JOURNAL. 65 Governor's message as relates to a supply of salt, and appoint Messrs. Harrisson, of Cabarrus, Allison, Henderson, Young, of Yancey, Cobb, Lane and McRae, as said committee on the part of the House. A message was received from his Excellency, the Gover¬ nor, accompanied by detailed reports from the Adjutant Gen¬ eral's office, upon the condition of the Quarter-Master's De¬ partment, and upon the number of troops which the State has furnished to the Confederate States, the number of volun¬ teers and conscripts, and the number, also, returned for Stat§ service, transmitted by him in reply to resolutions of inquiry, passed by the Senate calling upon the Governor and Quarter Master General for information upon the matters reported on. The message and documents were referred, on motion of Mr. Graham, to the Joint Committee on Military Affairs. The Speaker announced as the Committee on enrolled bills for the week, Messrs. Slaughter, Adams, of Guilford and' Leitch. Mr. Shipp, from the Committee on Cherokee Lands and "Western Turnpikes, reported upon the bill entitled, " A BilL to provide for the better management of the Western Turn¬ pike Road, with a recommendation that it do pass. Mr. Wright, for the committee on the Judiciary reported upon the bill entitled, "A Bill to regulate the fees of Jailors, with a recommendation that it do pass; also upon the bill entitled, " A Bill in regard to witnesses attending court be¬ yond the limits of their county," with a recommendation that it do not pass. Mr. Lassiter introduced resolutions expressive of the satis¬ faction of the General Assembly, with the manner andspirito the people, in sustaining the war, and the conduct of our troops, which were read first time. Mr. Slaughter introduced a bill entitled, "A Bill to pro¬ vide for the holding of courts in Hertford County," which was read first time, and referred, on his motion^ to> the Com¬ mittee on Propositions and Grievances. Mr. Smith, of Macon, introduced a bill entitled^ " A Bill 5- 66 &&ATE'JOURHAL< [Session to amend the 1st, 12tli and 23d, Sections of Chapter 17, of the Acts for 1860-'61," which was read first time and refer-" red, on motion of Mr. Wright? tcy the Joint Committee on Mi-" litary Affairs. Mr. Brown was excused, at his request,- from serving on the Joint Standing Committee of the Insane Asylum, and the Speaker appointed thereon, Mr. Saunders, The engrossed bill entitled, " An Act for the purchase'of provisions," having been read, as the order of the' day,--12- o'clock yesterday, passed its second reading. Mr. Taylor, of Chatham, moved that the rules be suspend-' ed, that the bill aforesaid might be read a third time, which was not agreed to. On motion of Mr. Shipp, a message was sent to the House of Commons, that the Senate proposes to go into an election for Counsellors of State, to day, at 12 o'clock, and that Jesse R. Stubbs, of Martin county, F. B. Satterthwaite, of Pitt, L. Eldridge, of Johnston, R. P. Dick, of Guilford, J. R. Har¬ grove, of Anson, Dr. James Calloway, of "Wilkes, and James A. Patton, of Buncombe, are in nomination. George F. Davidson, of Iredell, was added to the foregoing nomination, by Mr. Jarratt. On motion of Mr. Hall the Senate went into secret session. The Senate being now in open session, a message was received from the House of Commons that they agree to the proposition of the Senate to go into an election for Counsel¬ lors of the State, at 12 o'clock to-day, and appoint Messrs. Bond and Robinson, committee on their part to superintend said election. The Speaker announced Messrs. Lassiter, and Young as the committee on the part of the Senate, and the Senate pro¬ ceeded to vote for Counsellors of State, as follows: Foe Jesse R. Stubbs—Mr. Speaker, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Blount, Brown, Carroway. Dickson, Dickerson, Ellis, Eure, Faison, Graham, Tloleman, Jarratt, Lassiter, Lindsay, Leitch, Matthews, Heal, Outlaw, Patrick^ Ramsay, Russ, Sanders, Simpson., Sharpe, 1862-63.] SENATE JOURNAL. 67 Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Whit ford, Wiggins, Wooley, Wright and Young—38. For F. B. Satterthwaite.—Mr. Speaker, Messrs. Adams, of Davidson, Adams, of Guilford, Blount, Brown, Carroway, Dickson, Dickerson, Eure, Graham, Holeman, Jarratt,Lassiter, Lindsay, Leitch, Matthews, Neal, Outlaw, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Whitford, Wiggins, Wooley, Wright and Young—35. For L. Eldridge.—Mr. Speaker, Messrs. Adams, of David¬ son, Adams, or Guilford, Arendell,, Blount, Brown, Carro¬ way, Dickson, Dickerson, Eure, Faison, Graham, Holeman, Jarratt, Lassiter, Lindsay, Leitch, Matthews, Neal, Outlaw, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Whitford, Wiggins, Wooley, Wright and Young—37. For R. P. Dick.—Mr. Speaker, Messrs. Adams, of David¬ son, Adams, of G«ilford, Arendell, Blount, Brown, Carroway, Dickson, Dickerson, Eure, Faison, Graham, Jarratt, Lassiter, Lindsay, Leitch, Matthews, Neal, Outlaw, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of Ansou, Smith, of Macon, Smith, of Stanly, Taylor, of Chat¬ ham, Whitford, Wiggins, Wooley, Wright and Young—36. For J. R. Hargrave.—Mr. Speaker, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Blount, Brown, Car- oway, Dickson, Dickerson, Eure, Faison, Graham, Holeman, Jarratt, Lassiter,Lindsay, Leitch, Matthews, Neal,Outlaw, Pat¬ rick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Slaugh¬ ter, Smith, of Anson, Smith, of Stanly, Taylor, of Chatham, Whitford, Wiggins, Wooley, Wright and Young—36. For Dr. James Calloway.—Mr. Speaker, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Blount, Brown, Carroway, Dickson, Dickerson, Eure, Faison, Graham, Hole- man, Lassiter, Lindsay, Leitch, Matthews, Neal, Outlaw, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, 68 SENATE JOURNAL. [Session Slaughter, Smith, of Anson, Smith, of Maeon, Smith, of Stanly, Whitford, Wooley and Wright—33. For James A. Patton.—Mr. Speaker, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Blount, Brown, Carroway, Dickson, Diekerson, Eure, Graham, Holeman,. Jarratt, Lassiter, Lindsay, Leitch, Matthews, Neal, Outlaw, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Whitford, Wiggins, Wooley, Wright and Young—35. For G. F. Davidson.—Messrs. Jarratt, Smith, of Macon, Taylor, of Chatham, Wiggins and Young—5. For Ralph Gorrell.—Messrs. Holeman and White—2. For James^Rdmley.—Mr. Arendell—1. For M. L. Wiggins.—Mr. White—1. For R. H. Cowan.—Mr. Ellis—1. For W. J. Houston.—Messrs. Ellis, Hall and White—3. For Eugene Grissom.—Mr. Ellis—1. For J. G. Yancey.—Mr. Ellis—1. For J. A. Young.—Mr. Ellis—1. * For F. B. Miller.—Messrs. Ellis and Faison—2. For Archibald Monk.—Mr. Faison—1. For Daniel Dickson.—Messrs. Hall and White—2. For Nicholas Nixon.—Mr. Hall—1. For N. N. Freeman.—Mr. Hall—1. For M. L. Williams.—Mr. Hall—1. For W. W. Avery.—Messrs. Hall and White—2. For Marcus Erwin.—Mr. Hall—1. For Newbery Hall.—Mr. White—1. For Thomas I. Faison.—Mr. White—1. Mr. Ramsay moved to adjourn until 10 o'clock to-morrow morning; and the Senate adjourned accordingly. WEDNESDAY, December 3, 1862* Prayer by Rev. Mr. Skinner. Tlie Speaker announced as the-Senate branch of the Joint 1862-'63.] SENATE JOURNAL. Select Committee on so much of the Governor's message as relates to the subject of salt, Messrs. Shipp, Smith, of Macon, Smith, of Anson, Wiggins and Powell. Mr. Leitch, for the Committee on the Judiciary, reported upon the engrossed bill entitled "An Act to amend the 38th section of 102nd chapter of the Revised Code," with a recom¬ mendation that it do not pass ; and Mr. Wright, for the same Committee, reported upon the bill entitled "A Bill to author¬ ize the County Courts to appoint Commissioners to settle estates," with a recommendation that it do not pass. The engrossed bill entitled " An Act for the purchase of provisions," was read a third time, when Mr. Wiggins moved to amend, by striking out all after the enacting clause and inserting as follows, to-wit: " That the sum of five hundred thousand dollars be and the same is hereby appropriated to the use and benefit of the wives and families of the volunteers and soldiers who now are or who may hereafter be in the service of the State or Confederate States. Sec. 2. Be it further enacted, That at the earliest practica¬ ble time, it shall be the duty of the Chairman of each Court to notify the Justices of his county to meet in the court house for the purpose of electing some person to be styled a County Commissioner, a majority of the Magistrates being present. Sec. 3. Be it further enacted, That the sum of five hundred thousand dollars, as aforesaid, be equally divided amongst the several counties of the State, according to the white pop- ulaton, to be ascertained by the census of I860. Sec. 4. Be it further enacted, That so soon as the Commis¬ sioner aforesaid shall be elected and enter into bond with approved security by the Court, it shall and may be lawful for the Treasurer of the State to pay to said Commissioner the amount due his county out of any money in the Treasury .not otherwise appropriated, and that the Treasurer shall be allowed for the same in the settlement of his accounts. Sec. 5. Be it further enacted, That at the Court and at the time of the appointment of the County Commissioner, it shall be the duty of the Court to direct and establish such 70 SENATE JOURNAL. [Session rules and regulations in the division and distribution of ths money appropriated to the use and benefit of the wives and families of the soldiers as to afford the greatest relief and comfort to them, whether the same shall be paid them in the whole or in part, in cash or provisions, with power to purchase or receive produce or provisions of any kind from the State in lieu of money or such amount as the Court shall from time to,, time prescribe. i" Sec. 6. Be it further enacted, That this act shall be in force from and after its passage. The motion did not prevail. Mr. Ramsay moved to amend by inserting after the word " compensation " in section 1st the words " whose names shall be published in the newspapers of the State; " which was agreed to. Mr. Matthews moved to amend by adding to the first sec¬ tion the words " and no one who is liable to the conscript acts of the Confederate Congress shall be employed, as an agent;" which was not agreed to. Mr. Murrill moved to amend by striking out the words in section 1st " at a fixed compensation" and inserting the words " whose necessary expenses shall be paid by the State," when Mr. Graham moved to commit the bill to a Select Committee ; which latter motion prevailed. The Speaker announced as said committee Messrs. Graham, Outlaw, Wiggins, Powell and Ellis. Mr. Ramsay moved that a message be sent to the House of Commons that the Senate proposes to go into an election for Treasurer of the State to-day at 12£ o'clock; and he nomi¬ nated Jonathan Worth, and Mr. Simpson nominated Daniel W. Courts therefor. Agreed to. Mr. Lassiter introduced a bill entitled " A Bill concerning insane persons," which was read first time, and referred, on his motion, to the Committee on the Judiciary, and ordered to be printed. Mr. White introduced a bill entitled " A Bill to establish the Bank of Lincolnton," and presented a memorial from sundry citizens of said town, praying for the establishing a 1862-563.] 'SENATE JOURNAL. 71 bank therein, and on his'motion, both were referred to the 'Committee on Banks and Currency. A message was received from the House of Commons that they transmit certain engrossed bills4and resolutions .entitled to-wit: " Resolution in favor of Joseph Welch." " Resolution in favor of John Fisher." "Resolution in favor of John Fitzrandolph." " Resolution in favor of John Blaylock." " A Bill to authorize the Magistrates of the county of Chat¬ ham to levy a tax for the purpose of working the public roads in said county." " A Bill concerning Justices of the Peace* in Bladen county.1' " A Bill in relation to the Justices in Johnston county." " A Bill to authorize the agent of Cherokee lands to refund the purchase money in certain cases." " A Bill to establish the Eighth Judicial Circuit and for other purposes," " A Bill to establish a Superior Court of Law and Equity for the county of Alleghany. The foregoing resolutions and bills were read first time, and the bill in relation to the Justices of Johnston county * . * was referred, on motion of Mr. Sanders, to the Committee on Propositions and Grievances, and the " Resolution in favor of Joseph Welch'" and the "Resolution in favor of John Blaylock," were referred, on motion of Mr. Graham, to the Committeeon Claims. A message was received from the House of Commons that the House concurs with the Senate in the' proposition to go into an election for State Treasurer at 12£ o'clock to-day, and appoints Messrs. Allison and Russel, of Craven, a Committee on the part of the House to superintend the election. The Speaker announced Messrs. Ramsay and Simpson a3 the Committee to superintend said election on the part of the Senate. IVJt, Young, from the Committee to superintend the election seMte journa'l. [Session of Counsellors of State, reported that Jesse R. Stubbs, F. B. Satterthwaite, L. Eldridge, R. P. Dick, J. R. Hargrove, J as. Calloway and Jas. A. Patton, having received each respect¬ ively a majority of all the votes cast, were elected. A message was received from the House of Commons that they propose to the Senate to go into an election for Solicitor of the Sixth Judicial Circuit at 1 o'clock P. M. to-day, and that R. F. Armfield, Walter P. Caldwell and James E. Kerr, Esqrs., are in nomination. Agreed to, and the Speaker announced Messrs. Leitch and Lassiter as the Committee on the part of the Senate to superintend the election. Mr. Young introduced a bill entitled, " A Bill to amend the Charter of the .North Carolina Powder Manufacturing Com¬ pany," which was read first time, and on his motion, referred to the Committee on Corporations. A message was received from the House of Commons, that they transmit a report of the " State of the Bank of Fayette- ville and said report was referred, on motion of Mr. Gra¬ ham, to the Committee on Banks and Currency. Mr. Lassiter, from the Committee on Propositions and Grievances, by leave, returned the bill entitled, " A Bill con¬ cerning Salt," and reports of commissioners of Salt works, Which were referred, on his motion, to the Joint Select Com¬ mittee on so much of th£ Governor's message as relates to the subject. Mr. Eure, from the Joint Committee on Military Affairs, reported upon the bill entitled, " A Bill to amend the Ordi- dance of the Convention, entitled, ' An Ordinance to make provision for the families of soldiers dying in service.' Rati¬ fied 22d February, 1862, and for other purposes," and recom¬ mended an amendment thereto, and that with the amendment adopted, the bill do pass. A message from the House of Commons was received, that Messrs Carpenter and Gilliam, of Rockingham, constitute the committee on their part, to superintend the election for a So¬ licitor of the 6th Judicial Circuit; also, another message was received, that the Honorable R. B. Gilliam, having resigned 1862-'63.] SENATE JOURNAL. 73 as Speaker of the House of Commons, the Honorable R. S. Donnell, was elected Speaker thereof. The bill entitled, " A Bill to provide for the better man¬ agement of the Western Turnpike Road," was read a second time and passed. The Senate proceeded to vote, the hour of 12 having ar¬ rived, for Treasurer of the State, as follows; For Jonathan Woeth.—Mr. Speaker, Messrs. Adams, of Davidson, Adams of Guilford, Arendell, Blount, Dickerson, Eure, Graham, Jarratt, Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, Ramsay, Russ, Sanders Sharpe, Shipp, Slaugh¬ ter Smith, of Anson, Smith, of Macon, Taylor, of Chatham, Warren, Wooley and Wright,—27. For Daniel W. Co*oets.—Messrs. Brown, Carroway, Cope- land, Dickson, Drake, Ellis, Faison, Hall, Harriss, Holeman, Lane, Murrill, Outlaw, Powell, Simpson, Whitford, White, Wiggins and Young,—19. Mr. Young, from the Committee on Military Affairs, re ported, in pursuance of a resolution of inquiry in relation to a supply of ammunition for the people of the State, a bill en¬ titled, " A Bill to provide a supply of powder and lead, in the several counties of this State," which was read first time, when on motion of Mr. Sanders, the rules were suspended and the same was read a second and third time and passed. Mr. Ramsay, on the part of the committee to superintend the election of a Treasurer of the State, reported that Jona¬ than Worth received a majority of all the votes cast, and is elected. The bill entitled, <£ A Bill to regulate the fees of Jailors," was read a second time, and on motion of Mr. Wiggins, the bill was so amended as to include County Surveyors; an ad¬ ditional section being incorporated by acceptance of Mr. Sharpe in the bill, and it then passed as amended. The Senate proceeded to vsote for Solicitor of the 6th Judi¬ cial Circuit, as follows: For R. F. Aemfield.—Mr. Speaker, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Blount, Brown, Car- n SENATE JOURNAL. ^Session roway, Copeland, Dickson, Dickerson, Drake, Ellis, Eure, Eaison, Graham, Harris, Holeman, Jarratt, Lassiter, Hat- thews, Murrill, Outlaw, Patrick, Sanders, Simpson, Shipp, Smith of Anson, Smith of Hacon, Taylor of Chatham, "War¬ ren, Whitford, Wiggins and Wright—33. Eor Walter P. Caldwell.—Messrs. Leitch, Neal, Ram¬ say, Russ, Sharpe, Slaughter, Smith of Stanly, Wooley and Young.—9. For James E. Kekr.—Messrs. Hall, Lane, Powell and White—4. The bill entitled "A bill in regard to witnesses attending Court beyond the limits of their county," was read a second time, and on motion of Mr. Adams, of Guilford, laid on the table. The resolutions entitled " Resolutions expressive of the sat¬ isfaction of the General Assembly with the spirit of the people in sustaining the war and the conduct of our troops," were read a second time and passed. Mr. Ellis, by leave, introduced a bill entitled " A bill to provide a reserve force for State defence," which was read first time, and referred, on his motion, to the Joint Committee on Military Affairs. On motion of Mr. Warren, leave of absence from and after to-day until Monday next, was granted to Mr. Patrick. Mr. Leitch, from the Committee to superintend the elec¬ tion of Solicitor of the Sixth Judicial Circuit, reported that R. F. Armfield, Esq:., received a majority of all the votes cast, and is elected. The Senate adjourned until 11 o"clock A. M. to-morrow, on •motion of Mr. Matthews. THURSDAY, December 4, 1862. Prayer by Rev. Mr. Atkinson. Mr. Graham, from the Joint Select Committee, raised to inquire whether the offices of Adjutant General, Attorney 1862-63.] SENATE JOURNAL. 75 General and Solicitor for the Fourth Judicial Circuit, were vacant or not, made a report and recommended resolutions declaring the said offices vacated. The report and resolutions were read and ordered to be printed, and were made the special order for Monday next 12 o'clock. Mr. Arendell, from the Committee on Corporations, reported upon the bill entitled " A bill to incorporate the town of Marion," and a memorial from sundry citizens of McDowell county, in relation thereto, and recommended that said bill do pass. 1 Mr. Lassiter, from the Committee on Propositions and Grievauces, reported upon the bill entitled "A bill to provide for the holding of Courts in Hertford county," and recom¬ mended its passage. Mr. Smith, of Anson, introduced a bill entitled "A bill to amend the charter of the Cheraw and Coalfields Railroad Company, as amended by an Ordinance of the Convention," which was read first time, and referred, on motion of Mr. Tay¬ lor, of Chatham, to the Committee on Internal Improvements. Mr. Lindsay introduced a resolution entitled " A resolution to pay the officers and privates of J. "W". F. Banks' company for their services, "which was read first time, and referred, on his motion, to the Committee on Military Affairs. Mr. Sharpe introduced a bill entitled " A bill to facilitate the payment of claims for the organization arid transmission of troops to the places where they were ordered by the proper authorities," which was read first -time, and referred, on motion of Mr. Ramsay, to the Committee on Finanee. The resolutions entitled " Resolutions expressive of the satisfaction of the General Assembly with the spirit of the people in sustaining the war and the conduct of our troops," were read the third time. Mr. "Wooley moved to amend, by adding as follows: " IZesolved, further, That equal to our appreciation of the valor and patriotism of our troops in the field, is our admira¬ tion of the self-sacrificing and noble devotion of the women 76 SENATE JOURNAL. [Session of our country in encouraging the soldiers on their way td the field of duty and of danger ; in their untiring efforts to supply them with every comfort which their ingenuity can invent, and their indefatigable ministrations at the couch of suffering, occasioned whether it be by disease or by wounds received in defence of their country. Resolved, further, That this devotion to the cause of Li¬ berty and Independence, for which we are now struggling, is alike sustaining to the soldier on duty, and to the patriot at home, and inspires all with that energy and zeal which ena" ble us to look with confidence to the successful termination of the struggle, and to a Confederate Government established upon an equitable basis, and entitled to the highest respecta¬ bility among the nations of the earth." Mr. Ramsay moved to amend the proposed amendment, by striking out the word " respectability," and inserting the word " position," in the second resolution, which was agreed to, and the amendment was adopted. The resolutions as amended, passed. The bill entitled, " A bill to provide for the better man¬ agement of the Western Turnpike Road," was read a third time, and amended on motion of Mr. Shipp, by filling the blank in section 3, with the words, " five thousand dollars," and passed. The bill entitled, " A bill to amend the Ordinance of the Convention, entitled, ' An Ordinance to make some provision for the families of soldiers dying in the service.' Ratified 22d February, 1862, and for other purposes," was read a second time, together with the report of the Committee of Military Affairs, thereon. The amendment recommended by the Committee, was adopted, which is, to insert after the word " amended," in the 1st section, words as follows: " as to apply to all soldiers who died in the service, previous to the ratification of said Ordinance: Provided, that the bounty given by the Ordi¬ nances of May 6^1862 and May 12, 1862, and the arrearages due to deceased soldiers, shall only be paid to the widow of 1862-'63.j SENATE JOURNAL. 77 the deceased soldier, or to his children, if the wife be dead : and if the soldier leave neither widow nor children, then to bis father; and if his father be dead, then to his mother: Provided further, that all persons who claim the benefits of this act, shall be subject to the provisions of the 2d section of the Ordinance to which this is an amendment. The bill as amended passed, and the rules were suspended, on motion of Mr. White, when it was read a third time and passed. Mr. Sharpe moved to amend the title of the bill by insert¬ ing after the word " service," the words, " in relation to bounties and arrearages due, at the time of their death," which was not agreed to. The order of the day, being the bill entitled, "A bill in re¬ ference to the salaries of the Judges of the Superior Courts of Law and Equity," was read a second time. Mr. Murrill moved to amend by striking out all after the enacting clause, and inserting as follows : " That the 3d and 4th Sections of Chapter 102 of the Revised Code, entitled, ' Salaries and Eees,' be, and the same are hereby repealed. Be it further enacted, That the Judges of the Superior Courts of Law and Equity, shall each have an annual salary of two thousand five hundred dollars, payable semi-annually, on the 1st days of January and July; and for holding a special term of the Superior Court, the Judge holding said Court, shall receive a compensation of one hundred dollars, to be paid by the county in which said special term shall be heldy on the production of a certificate from the Clerk of said Court. Be it further enacted, That this act shall be in force from and after the 1st day of January, A. D., 1863."" The amendment was not adopted. The question recurring on the passage of the bill, Mr. White asked for the yeas and nays, and one-fifth agreeing. Those who voted in the affirmative, are : Messrs. Arendell, Copeland, Drake, Ellis, Graham,, Hall, Lassiter, Leitch, Neal> Outlaw, Ramsay, Sanders, JShipp, SENATE. JOURNAL. [Session Slaughter. Smith, of Anson, Smith, of Macon, Warren, White, Wiggins, Wright and Young—21. Those who voted in the negative, are : Messrs. Adams, of Davidson, Adams, of Guilford, Blount, Brown Carroway, Dickerson, Faison, Harriss, Holeman, Jar- ratt, Lindsaj, Matthews, Mnrrill, Powell, Buss, Simpson, Smith, of Stanly, Taylor, of Chatham, Whitford and Wooley, —20. So the bill passed its recond reading. A message was received from the House of Commons that they propose to the Senate to raise a joint select committee of five on their part and three on the part of the Senate, to whom should be referred certain bills entitled as follows; "A bill concerning extortion " A bill to enable the Gov- ernor to cause provisions and articles of clothing to be seized for the public use " A bill for the relief of wives and fam¬ ilies of soldiers," and " A Bill defining extortion and encour¬ aging honorable speculationbut the Senate refused to agree. Mr. Warren asked leave of absence for the Reading Clerk of the Senate for four days, which was granted. The bill entitled " A bill to authorize the County Courts to appoint Commissioners to settle estates," was read its second time and rejected. The bill entitled " A bill to authorize the Agent of Chero¬ kee Lands to refund the purchase money in certain cases," was read a second time and passed. A message was received from the House of Commons that they transmit a message from His Excellency the Governor, and accompanying documents, and propose that so much of the message as refers to a claim of Messrs. West and Johnson, for damages alleged by reason of the violation of copy-right, in publishing copies of "Volunteer's Hand Book," be referred to the Joint Committee on the Public Printing, and so much thereof as refers to the certificate of Hamilton W. Davenport and correspondence of Col. Jas. D. Radcliff, in relation to certain prisoners confined in Salisbury, be referred to the 1862-'6&] SENATE SOUENAL, 19 joint select committee raised on the subject, whieh was agreed to, and the Senate adjourned, on motion of Mr. Graham, until to-morrow, 11 o'clock, A. M. FRIDAY, December 5, 1862.- Prayer by Rev. Mr. Hardie. Reports were made as follows: By Mr. Smith, of Macon, from the Committee on Internal Improvements, recommending that the bill entitled "A bill to construct a Railroad from Dallas in Gaston' County, via Lincolnton, to Newton, in Catawba County," do pass ; also a report recommending that the bill entitled'" A bill to amend the charter of the Ckeraw and Coalfields Railroad Compa¬ ny, as amended by an ordinance of the Convention," do pass. The latter bill was subsequently taken up, on motion of Mr. Smith, of Anson, and the rules having been suspended, was read a second and third time and passed. By Mr. Lassiter, from the Committee on Propositions and Grievances, recommending that the bill entitled "A bill to change the place of comparing the polls in the 41th Senato¬ rial District." do pass ; also a report recommending that the bill entitled "A bill for the benefit of Justices of the Peace, refugees from their counties," do pass. By Mr. Taylor, of Chatham, from the Committee on Banks and Currency, recommending that the "Report of the con¬ dition of the Bank of Fayetteville," be printed, which was so ordered; also reports recommending that the bills entitled "A bill to establish the Bank of Lincolnton," and "A bill amendatory of an act to incorporate the Bank of Western North Carolina," do pass. By Mr. Wiggins, from the Committee on Finance, asking to be discharged from the further consideration of the bill entitled " A bill to prevent speculation in corn, flour, bacon, &c." The committee were discharged accordingly. By Mr. Faison, from the same committee, asking to be 80 SENATE JOURNAL. [Session discharged from the further consideration of the resolution of inquiry entitled " A resolution in favor of sheep," and stating that provision would be made in the Revenue Bill for the object contemplated by the resolution. The committee were so discharged. By Mr. Warreny from the Committee on the Judiciary, upon the petition of Jesse Weston, a free man of color, pray¬ ing to be made by law a slave of Joseph L. Hampton," asking to be discharged and setting forth that the General Assembly have not the power to grant the prayer of the petitioner. By Mr. Shipp, from the joint select committee on so much of the Governor's message as relates to salt, a resolution as follows: Resolved, That the Governor be requested to correspond with the Railroad and Steamboat Companies connected with- the city of "Wilmington, and have, (if the same be practica¬ ble,) all the salt now on hand, belonging to the State, and alt that may be hereafter made, transported to some point in the- interior y and, that like facilities be extended to such indivi¬ duals and companies as he may deem advisable." The resolution was read first time. Upon the rules being suspended, on motion of Mr. Shipp, it was read a second time and passed, and read a third time, when Mir. Outlaw moved to amend by inserting after the words " individuals and companies," the words, " and, also,., to the agents of the different counties of the State, who are purchasing for their counties," which was agreed to. The resolution as amended passed. By Mr. Ramsay from the Committee on Claims, recom¬ mending the passage of the resolution entitled, " A resolu¬ tion in favor of Lewis-"Williamson," and " A resolution in fa¬ vor of Thomas E. and C. W. Skinner, Jr. The rules were suspended, on motion of Mr. Ellis, and the resolution in favor of Lewis "Williamson, was read a second and third timb, and passed. By Mr. Eure, from the Committee on Military Affairs,, asking to be discharged from the further consideration of the lS62-'63.] SENATE JOURNAL. SI resolutions entitled "Resolutions requesting our Senators and instructing our Representatives in Congress, to urge a re¬ peal of certain clauses of the act known as the 'Military Ex¬ emption Act.'" The committee were so discharged. Also upon a resolution to refer that portion of the Govern¬ or's message which relates to State defence, that the com¬ mittee have matured a bill upon the subject. Also asking to be discharged from further inquiry as to the resolution for the protection of Eastern North-Carolina. Dis¬ charged accordingly. By Mr. Young, for the same committee, asking to be dis¬ charged from further inquiry as to a resolution pertaining to the Militia, and a resolution to raise a police force for the people of Rockingham County. The committee were so dis^- charged. Also, report upon the bill entitled, "A bill to amend the 1st, 12th, and 23rd sections of chapter 17 of the Acts for 1860-'61," recommending that they do not pass. Mr. Sanders introduced a resolution instructing the Com¬ mittee on Internal Improvements to inquire whether partial¬ ity has been shown in the shipment of produce or goods on' Railroads in which the State owns stock, which was adopted. Mr. Ramsay introduced a bill entitled "A bill to amend an act entitled 'Militia Bill/" ratified the 20th day of Sep¬ tember, 1861, which was read first time and referred, on his motion, to the Committee on Military Affairs. Mr. White introduced a resolution instructing the Commit¬ tee on Agriculture to inquire as to the expediency of prohib¬ iting the extensive planting of cotton, tobacco, and the pro-, ducing turpentine, during the war. Which was adopted. The engrossed bill entitled, " A bill to establish the 8tli Judicial Circuit and for other purposes," was read a second time and passed. The rules were suspended on motion of Mr. Graham, and said bill was read a third time and passed. On motion of Mr. Outlaw, the order of the day, being the bill entitled, " A bill to secure the property of married wo¬ men," was postponed until Wednesday next, at 12 o'clock. 6 82 SENATE JOURNAL. [Session Leave of absence was granted to Mr. Ilall until Wednes¬ day next, on motion of Mr. Young; also, to Mr. Harris, until Wednesday next, and to Mr. Dickson until Monday next, on motion of Mr. Arendell. The engrossed bill entitled " An act to amend the 38th section of the 102nd chapter of the Revised Code," was read a third time, and, on motion -of Mr. Sharpe, laid on the table. The engrossed bills entitled " A bill in reference to the salaries of the Judges of the Superior Courts of Law and Equity," and "A bill to authorize the Agent of Cherokee Lands to refund the purchase money in certain cases," were read a third time and passed. The bill entitled "A bill concerning Justices of the Peace in Bladen County," was read a second time and passed, The bill entitled " A bill to authorize the Magistrates of the County of Chatham to levy a tax for the purpose of working the public roads of said County," was read a second time. Mr. Murrill moved to amend by striking out after the word " sections," in section 2d, the words " of five miles each," and inserting the words "in such lengths as the Jus¬ tices may direct," which was agreed to. Also to amend by adding in the same section, after " Pitts- borough," " Jacksonville," which was agreed to. The bill passed its second reading as amended. The rules were suspended on motion of Mr. Taylor, of Chatham, and the bill was read a third time and passed. The title was amended by inserting " Onslow " after Chat¬ ham, and passed. The bills entitled, " A bill to provide for the holding of Courts in Hertford County," and " A bill to establish a Su¬ perior Court of Law and Equity for the County of Allegha¬ ny," were read a second time and passed. Mr. Neal introduced a resolution entitled, " A resolution in favor of James M. Neal," which was read first time, and, on his motion, referred to the Committee on Claims. 1862-'63.] SENATE JOURNAL. 83 Mr. Sharpe introduced a bill-entitled, "A bill to prevent harborirg deserters and resisting their arrests," which was read first time and referred, on his motion, to the Committea on the Judiciary. A message was received from the House of Commons, that they have passed the bill entitled " A bill to prohibit the dis¬ tillation of Spirituous Liquors," with certain amendments and ask the concurrence of the Senate. On motion of Mr. Graham, the Senate did not agree to the amendments and the House was informed thereof. Mr. Adams, of Davidson, presented the annual statement of the condition of the Bank of Lexington, and moved to transmit the same to the House of Commons with a proposi¬ tion to print, which was agreed to. On motion of Mr. Outlaw, the Senate adjourned until to¬ morrow morning, at 11 o'clock. SATURDAY, Decembeb 6, 1862. Prayer by Rev. Mr. Landsdale. Mr. Sharpe, for the Committee on the Judiciary, reported upon the bill entitled "A bill to prevent haboring deserters and resisting theii; arrests," and recommended a substitute by way of amendment thereto, and that the bill, with the amend¬ ment, do pass. Mr. Graham from, from the Select Committee, to whom was referred the bill entitled " An act for the purchase of provisions," reported upon the same and recommended amendments thereto. Mr. Ramsay introduced a bill entitled "A bill to amend the 102nd chapter of the Revised Code, entitled 'salaries and fees,'" which was read first time, and referred, on his motion, to the Committee on Propositions and Grievances. Mr. Ellis introduced a bill entitled " A bill to raise a moun¬ ted police guard for Brunswick county," which was read first 84 SENATE JOURNAL. [Session time, and referred, on his motion, to the Joint Committee on Military Affairs. The resolution entitled " Resolution in favor of John Eisher," was read a second time, "and on motion of Mr. Gra¬ ham, referred to the Committee on the Judiciary. A message was received from the House of Commons that they transmit' to the Senate an engrossed resolution entitled " Resolution requesting the Governor to request the officers of the Confederate Government to desist from arresting our citizens, and to take such proceedings as he may deem best to put an end to the arrests," and ask the concurrence of the Senate. The resolution was read first time, and Mr. Matthews movkd to suspend' the rules, which was agreed to. The resolution was read a second time, and Mr. Copeland moved to amend by adding thereto the words "'except in the vicinity of the enemy," and Mr. Outlaw moved to refer the same to a Select Committee, which latter motion prevailed. Mr. Graham introduced a resolution as follows, to-wit: Resolved, the House of Commons eonourring, That it shall be the duty of the Secretary of State to keep in a secure and separate repository all secret acts and resolutions of the Gen¬ eral Assembly, to which no person shall have access except the Governor of the State or a member of his staff or his- private Secretary. The resolution was read and adopted, and a message in relation thereto sent to the House of Commons. A message was received from the House of Commons that they decline to concur in the amendment made by the Senate to the bill entitled " A bill to authorize the Magistrates of the county of Chatham to levy a tax for the purpose of work¬ ing the public roads in said county." On motion of Mr. Taylor, of Chatham, the Senate receded from the amendments, and the foregoing bill was ordered to be enrolled. The resolution entitled " A resolution in favor of Benjamin Eitzrandolph," was read a second time and passed ; also the- 1862-'63.3 SENATE JOURNAL. bill entitled " A bill to incorporate the Macon Leather Com¬ pany in the county of Macon," was read a second time and passed. The resolution entitled " A resolution in favor of Thomas E. and W. Skinner, Jr.," was read a second time and passed, and the rules were suspended, on motion of Mr. Ramsay* when it was read a third time and passed. Also the resolution entitled "A resolution in favor of S. S. Hicks" was read a second time and passed, and the rules were suspended, on motion of Mr. Taylor, of Chatham, when it was read a third time and passed. The bill entitled " A bill to incorporate the towu of Marion,'' was read a second time. Mr. Neal moved to amend by inserting after the word "who" in line 2nd, sec. 2nd the words "is twenty one years old," and by striking out all after the word " election " in line 3rd of same sec. to the word "shall" in line 6th; also by striking out in section 11th, line 2nd, the word "one" and inserting the words " one-half," which several amendments were agreed to. Mr. Sanders moved to strike out in section 2nd last line, the word " one " and insert the word "four," which was also agreed to. And the bill passed its second reading, and the rules were suspended, on motion of Mr. Neal, when it was read a third time and passed. Mr. Warren introduced a bill entitled "A bill for the relief of persons in custody, not in the military service," which was read first time, and referred, on motion of Mr. Smith, of Macon, to the Joint Select Committee on the message of the Governor relating to the imprisonment of citizens," &c., and ordered to be printed. Tlue Speaker announced as the Select Committee to whom should be referred the engrossed resolution to authorize and request the Governor to request the Confederate officers to desist from arresting our citizens under the conscription act, in pursuance of an agreement made with the Confederate 86 SENATE JOUENAL. [Session authorities in relation to said law, Messrs. Graham, Wright, Young, Wiggins and Simpson. Mr. Lane introduced a resolution entitled " A resolution In favor of William Ivornegay," which was read first time, and referred, on his motion, to the Committee on Claims. A message was received from the House of ('ommons that they transmit for the signature ot the Speaker of the Senate, resolutions entitled " Kesolutions of thanks to the officers and soldiers of North Carolina," and " Eesolutions declaring the separation between the Confederate and United States Gov¬ ernment final, and to sustain the President of the Confederate States and the Governor of North Carolina." The same were signed by the Speaker of the Senate. A message was received also that they transmit a message from his Excellency, the Governor, together with accompa¬ nying documents, and propose to raise a Joint Select Com¬ mittee of five on their part and three on the part of the Senate, to whom the said message and documents shall be referred. The Senate agreed thereto. Also, a message that they " decline to recede from their amendments made to the bill entitled ' A bill to prohibit the distillation of spirituous liquors.'" Mr. Outlaw moved that the Senate do insist upon their not agreeing to said amendment, which was carried. The'following engrossed bills and resolutions "were sent to the House of Commons for their consideration, to-wit: A bill to amend the Ordinance of the Convention, entitled " An ordinance to make some provision for the families of soldiers dying in service, ratified 22nd February, 1862, and for other purposes." A bill to provide a supply of powder and lead in the sev¬ eral counties of the State. Eesolutions expressive of the satisfaction of the General Assembly with the spirit of our people in sustaining the war and the conduct of our troops. A bill to amend the law.in relation to sheriff's bonds. 1862-'63.] SENATE JOURNAL. A bill to amend the 33rd and.3Sth sections,of 102nd chapter of the Revised Code. On motion of Mr. Leitch, the Senate adjourned until Mon¬ day 11 o'clock A. M. MONDAY, December 8, 1862. Mr. Wright, from the Judiciary Committee reported in pursuance of the resolution of instruction in relation thereto, .a bill entitled, "A bill tor the relief of landlords," which was read .'first time and ordered, on motion of Mr. Ramsay, to be printed. Mr. Murrill introduced a resolution entitled, "A resolution in favor of the sureties of W. D. Humphrey, late Sheriff of Onslow County," which was read first time and referred, on motion of Mr. Ramsay, to the Committee on the Judiciary. Mr. Ramsay introduced a resolution entitled, " A resolu¬ tion on printing the Inaugural Address .of His Excellency, Governor Yance," which was read first time, and the rules having been suspended, on his motion, it was read a second and third time and passed. Mr. Slaughter introduced a bill entitled, " A bill for the •relief of such persons as may suffer from the burning of the Courthouse and records of Hertford county," which was read first time, and referred on his motion, to the Judiciary Com¬ mittee. The following engrossed bills and resolutions were trans¬ mitted to the House of Commons-* "A bill to amend the Charter of the Cheraw and Coal¬ fields Railroad Company, as amended by an Ordnance of the Convention." " A bill to be entitled ' An act to provide for the better management of the Western Turnpike Road, and re-building and repairing certain Bridges on the same." " Resolution in favor of Lewis Williamson." " Resolution requesting the Governor to correspond with SENATE JOURNAL. [Session Railroad and other Companies, in relation to the transporta¬ tion of salt from Wilmington, &e." A message was received from the House of Commons, that they transmit to the Senate, " A statement of the condition ■of the Merchants' Bank of Newbern," and "A statement of the condition of the Thomasville Bank," and propose that the same be printed, which was agreed to. Mr. Adams, of Davidson, presented a " Statement of the condition of the Bank of Lexington," and moved that the same be sent to the House of Commons, with a proposition to print: Mr. Adams stating that in the statement which he had heretofore presented, as made by said bank, there was an omission. Agreed to, and a message was sent accord- ingly. Also, by Mr. Adams, a bill was introduced entitled, " A bill to amend the Charter of the Bank of Lexington, and to establish the Bank of Graham," which was read first time and referred, on his motion, to the Committee on Banks and Cur¬ rency. The Speaker announced Messrs. Wright, Wiggins and Smith, of Macon, as the Senate's branch of the Joint Select Committee on the message of His Excellency, the Governor, in relation to the seizure of railroad iion, &e., The Committee on Enrolled Bills for the present week, Messrs. White, Bagley and Smith, of Stanly. The engrossed bill entitled, "An act for the purchase of provisions," was Jaken up and read a third time. On motion of Mr. Sharpe, the order of the day was postponed for thirty minutes. The* amendments reported by the Select Committee, to whom the bill "was referred, were adopted seriatim, and the bill with the amendments made thereto, passed, and was sent to the House of Commons for their agreement. The order of the day, being the resolutions entitled, " Re¬ solutions declaring the office of Adjutant General, Attorney General and Solicitor for the 4th Judicial Circuit, vacant j" l862-'63.] SENATE JOURNAL. 8^ was, on the call of Mr. Ellis, divided, and the resolutions were read separately. The first resolution, declaring the office of Adjutant Gener¬ al, by reason of the acceptance of Jas. G. Martin, of the of¬ fice of Brigadier General in the Confederate Government, vacant, was read a second time and passed. The second resolution, declaring the office of Attorney General vacant, by reason of the acceptance of W. A. Jen¬ kins, of the office of Lieutenant Colonel, in the Confederate service, for three years or during the war, was read a second time, when Mr. Ellis moved to postpone the second and' third resolutions until Thursday, at 12 o'clock. The motion was not agreed to. The resolution passed its second reading. Mr. .Graham moved to amend the first resolution, by in¬ serting the words " for three years or," before the words " during the war," which was agreed to. On the third resolution, upon its second reading, declaring the office of Solicitor for the fourth Judicial Circuit vacant, the ayes and noes were demanded. Those who voted in the affirmative, are, Messrs. Adams, of Davidson, Adams, of Guilford, Aren- dell, Blount, Copeland, Dickerson Graham, Holeman, Lassi- ter, Leitch, Lindsay, Matthews, Murrill, Neal, Outlaw, Powell, Bamsay, Buss, Sanders, Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith of Stanly, Taylor, of Chatham, "Warren, Whitford, White, Wiggins, Wooley, Wright and Young,—33. Those who voted in the negative, are ;—Messrs. Bagley, Carroway, Drake, Ellis, Eure, Faison, Jarratt, Simpson and Taylor, of Nash.—9. So the resolution passed. The first resolution was read a third time, and Mr. Mat¬ thews called for the ayes and noes, and one-fifth agreeing : Those who voted in the affirmative, are : Messrs. Adams, of Davidson, Adams, of Guilford, Aren- dell, Bagley, Blount, Dickerson, Ellis, Eure, Faison, Graham, floleman, Jarratt, Lassiter, Leitch, Lindsay, Matthews, Mur- 90 SENATE JOURNAL. [Session rill, Neal, Outlaw, Powell, Ramsay, Russ, Sanders, Simpson, Sharpe, Sliipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, War¬ ren, Wkitford, White, Wiggins, Wooley, Wright and Young, •—39. Those who voted in the negative, are:—Messrs. Carroway and Drake,—2. So the resolution passed. The question being on the second resolution, which was read a third time, Mr. Arendell called for the yeas and nays, which was agreed to. Those who voted in the affirmative, are :—Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Blount, Copeland, Dickerson, Graham, Holeman, Jarratt, Lassiter, Leitch, Lind- sa}'', Matthews, Murrill, Neal, Outlaw, Powell, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of An¬ son, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, Whitford, White, Wiggins, Wooley, Wright and Young,—35. Those who voted in the negative, are :—Messrs. Bagley, Carroway, Drake, Ellis, Eure, Faison and Taylor, of Nash,—7. So the resolution passed. The third resolution was read a third time and passed, ;when the resolutions were again read as a whole and adopted, A message was received from the House of Commons, that they transmit certain engrossed resolutions entitled, " Reso¬ lutions protesting against the-burning of cotton in Eastern North-Carolina," which were read first time—the rules were suspended and the same were read a second time. After some discussion, Mr. Copeland moved to adjourn un¬ til 11 o'clock to-morrow. Not agreed to. Mr. Young moved to lay the resolutions on the table.T- Not agreed to. Mr. Murrill moved to refer to a select committee, and that tire resolutions be made the order of the day for 1 o'clock to¬ morrow, and it was not agreed to.. 1862—'63-3 SENATE JOURNAL. 91 Mr. Murrill now moved to amend by adding this resolu¬ tion : Resolved, That the Confederate authorities be also reques¬ ted to desist from the impressment and destruction of boats and canoes in New River and on the coast in Onslow Coun¬ ty, and that like protest be made against such practices.— Not adopted. The question recurring on the resolutions on their second reading, Mr. Holeman called for the yeas and nays, and one- fifth agreeing. Those who voted in the affirmative are: Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Bagley, Blount, Carroway, Dickerson, Eure, Faison, Graham, Jarratt,. Lassi- ter, Leitch, Lindsay, Matthews, Murrill, Neal, Outlaw, Ram¬ say, Russ, Sanders, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Tay¬ lor, of Nash, Warren, Whitford, Wiggins, Wooley and Wright.—33. Those who voted in the negative are: Messrs. Copeland, Drake, Ellis, Holeman, Powell, Shipp, White and Young.—8. So the resolutions passed and were read a third time and passed. The following enrolled bills and resolutions, signed by the Speaker of the House of Commons, were transmitted to the Senate and signed by the Speaker thereof, to-wit; " Resolution to pay J. W. Alspau'gh for his services as Clerk at the opening of the session." "Resolution in favor of W. R. Lovel." " Resolution in favor of Philip G. Smith." " Resolution to purchase the Ordinances and Resolutions of the late Convention." "Resolutions declaring the separation between the United States and Confederate States final, and to sustain the Presi¬ dent of the Confederate States and the Governor of North- Carolina." " Resolutions of thanks to the officers and soldiers of North- Carolina." 92 SENATE JOURNAL. [Session " A resolution to prohibit the transportation of articles of prime necessity beyond the limits of the State." "And resolutions requesting the Governor to. correspond with Railroad and other companies in relation to the trans¬ portation of salt from Wilmington." The following engrossed bills and resolutions have been sent to the House of Commons, to-wit: "Resolution in favor of J. W. Alspaugh." " Resolution in favor of Philip G. Smith." " A bill to amend the 13th section of 105th chapter of Re¬ vised Code—law in relation to Sheriffs3 bonds." " A bill to amend the charter of the Atlantic, Tennessee, and Ohio Railroad." v " A tlill to amend the 9th and 12th sections of the 101st chapter of Revised Code." " A bill to prohibit, for a limited time, the manufacture of spirituous liquors from grain, amendatory of an Ordinance of the Convention, ratified 21st Eeb., 1862." " Resolution to prohibit the transportation of articles of prime necessity beyond the limits of the State." " A bill to amend an act entitled, an act for the better ad¬ ministration of justice in Onslow County, and for other pur¬ poses." " A bill to allow further time for the registration of grants, conveyances and other instruments." " A bill to amend an act entitled ' An act to incorporate the Lizzerdale Copper Company." The Senate went into secret session upon the motion of Mr. Graham, and the doors having been opened, on his Inotion, also, the Senate adjourned until to-morrow 11 o'clock, A. M. TUESDAY, December 9, 1862. Mr. Ramsay, from the Committee on Claims, reported back the resolution entitled " A resolution in favor of James M. 1862—'63.] SENATE JOURNAL. 93 Neal," and recommended that the same be referred to the Committee on Propositions and Grievances, and it was so referred ; also upon the resolution entitled " A resolution in favor of Solomon Pool," recommending an amendment and that with the same adopted it do pass, which resolution was taken up, on motion of Mr. Graham, and the amendment of the committee adopted, to-wit: "Strike out all after the words ' North Carolina,' and insert ' the sum of seventy-live dollars, the amount of taxes overpaid,by him in July 1802.' " The rules were suspended, on motion of Mr. Graham, and the resolution passed its second and third reading. Mr. Eure, from the Joint Committee on Military Affairs, reported upon the bill entitled " A bill to amend an act enti¬ tled ' Militia Bill,' ratified the 20th day of September, 1861," and recommended that it do not pass; also, the reso¬ lution entitled " Resolution to pay the officers and privates of Capt. J. W. F. Banks' Company for their services," and recommended an amendment thereto. A message was received from the House of Commons that they agree to the amendments made by the Senate to the bill entitled " An act for the purchase of provisions," also a mes¬ sage that they transmit to the Senate a message of His Excellency, the Governor, with accompanying documents; among which are statements of the condition of the Bank of Charlotte. On motion of Mr. Ramsay, the statements of the condition of the Bank of Charlotte were ordered to be printed. Also, a message that they have appointed Messrs. Russell, of Brunswick, Costner, Ingram, McNeill and Hawes as the House branch of the Joint Select Committee on the message of the Governor in relation to the seizure of Railroad iron, &c.; and a message that they propose to the Senate to raise a committee of conference to consist of two members from each House, on the amendments made by them to the bill entitled " A bill to prohibit the distillation of spiritous liquors," and disagreed to by the Senate, and that they appoint Messrs. Amis and Avera on their part said committee. Agreed to, 94 SENATE JOURNAL. [Session and the Speaker appointed Messrs. Graham and Ramsav as the Senate's branch of said committee. Mr. Shipp moved to print a report from N. W. "Woodfin, Salt Commissioner, which wa3 agreed to. The bill entitled " A bill to provide for the holding of Courts in Hertford county," was read a third time. Mr. Slaughter moved to amend the Hrst section by adding thereto a proviso, to-wit: " Provided, that in case two-thirds can not agree, then it shall be in the power of the special Court to decide ; " also, to amend the last section by adding words " and all laws and clauses of laws coming in conflict with this act, are as to this act, hereby repealed," and further, by adding an additional section, to-wit: " Be it further enacted, That the Clerk of the County Court and the Clerk of the Superior Court, shall not be required to keep their offices at or within one mile of the court house. The foregoing amendments were adopted, and the bill passed as amended. Mr. Smith, of Macon, introduced this resolution, to-wit : Resolved, That a message be sent to the House of Com¬ mons, proposing to raise a Joint Select Committee, to consist of three on the part of the Senate, and five on the part of the House to inquire into the causes for the payment of sol¬ diers' claims by disbursing officers and agents of this State, in Confederate Treasury Notes instead of North Carolina Treas¬ ury Notes, which were authorized to be issued by the State Convention, for the payment of such claims." Adopted, and a message accordingly was sent to the House of Commons. The engrossed bills entitled "A bill concerning Justices of of the Peace in Bladen county," and " A bill to establish a Superior Court of Law and Equity for the county of Alle¬ ghany," were read a third time and passed. The bill entitled " A bill to prevent speculation in corn, flour, bacon, &c.," was read a second time and laid on the table, on motion of Mr. "Wiggins. M'2-'63.] Senate journal. 95 The following' resolutions and bills were read a second time find passed, to--wit i Resolutions requesting ouf Senators a'ncl instructing ou'r Representatives in Congress to urge a repeal of certain claused of the " Military Exemption Act of the Confederate Com gress. A bill amendatory of an act to incorporate the Rank of "tV^esterrl North-Carolina. A bill to change the place of Comparing the polls in ther fofty-fonrth Senatorial District, and A bill for the benefit of Justices of the Peace—refugees from their counties. The bill entitled " A bill to construct a Railroad from Dal¬ las, in Gaston county, via Lincolnton, to Newton, in Catawba county," was read a second time, when Mr. Arendell moved to amend, by adding an additional section, to wit: Be it further enacted, That said road shall be constructed of the North-Carolina Railroad guage. The amendment was agreed to, and the hill passed its second reading. The bill entitled, "A bill to amend the 1st, 12th and 23rd sections of chapter 17th, of the acts for 1860-'61," was read ,a second time, and on motion of Mr. Enre, laid on the table. The bill entitled "A bill to establish the Bank of Lincolnton," was read a second time, and Mr. Lane moved to amend by striking out after the words, " gold or silver coin," the words, " or its equivalent," which was not agreed to, and the bill passed its second reading. The bill entitled "A bill to prevent the harboring deser¬ ters and resisting their arrests," was read a second time to¬ gether with the substitute as an amendment reported by the Committee on the Judiciary. Mr. Graham moved to lay on the table, which was not agreed to. The question being on the amendment reported by the committee, Mr. Russ asked for the yeas and nays and oner fifth agreeing: SENATE JOURNAL. [Session Those who voted in affirmative are: Messrs. Adams, of Davidson, Adams, of Guilford, Blount, Carroway, Copeland, Dickerson, Ellis, Eaison, Graham, Hole- man, Jarratt, Lassiter, Mnrrill, Simpson, Smith, of Anson, and Whitford.—16. Those who voted in the negative are : Messrs. Arendell, Bagley, Drake, Eure, Lane, Leitch, Lind¬ say, Matthews, Neal, Powell, Ramsay, Russ, Sanders, Sharpe, Shipp, Slaughter, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, "Warren, White, Wiggins, Wooley, Wright and Yonng.—26 So the substitute was not adopted and the bill passed its second reading. Mr. Ramsay moved to print the foregoing bill, but it was not agreed to. On motion of Mr. Lassiter, the said bill was taken up and recommitted to the Committee on the Judiciary. The resolution entitled " Resolution to pay Ministers of the Gospel for service in opening by prayer either House of the General Assembly," was read a second time and on the ques¬ tion of its passage, Mr. Lane asked for the yaes and nays and one-fifth agreeing. Those who voted in the affirmative are: Messrs. Adams, of Davidson, Adams, of Guilford, Ramsay, Sharpe and Smith, of Macon.—5. Those who voted in the negative are: Messrs. Arendell, Bagley, Blount, Carroway, Dickerson, Drake, Ellis, Eure, Faison, Graham, Iloleman, Jarratt, Lane, Lassiter, Lindsay, Leitch, Matthews, Mnrrill, Neal, Outlaw, Powell, Russ, Sanders, Simpson, Shipp, Smith, of Anson, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, War¬ ren, Whitford, White, Wiggins, Wooley, Wright and Young.—06. So the resolution was not adopted. Mr. Young introduced resolutions entitled " Resolutions re¬ lating to the currencywhich were read first time, and re¬ ferred, on motion of Mr. Ramsay, to the Committee on Fi- 1862^63.] SENATE jOURNAT. 97 'nance, and eta motion of Mr. Smith, of Macon, Asta'to ordered to be printed. A message was received from the House of Commons, that they concur in the proposition to'raise a joint select commit¬ tee to inquire into the causes of the payment of soldiers' claims in Confederate Treasury Motes instead of North-Caro¬ lina Treasury Notes, &c.,-and appoint Messrs. McAden, Rus- sel of Brunswick, Henderson, Carpenter and Foy as the House branch of said committee. Also, another 'message was received, that they transmit, for the action 'of the Senate, the following engrossed bills, •entitled, to V?iU "A bill to amend the charter of the Western Planh.-roafiL"' A bill to establish a Female Seminary in Dayrdsoa eenm- vfy, by the name of Beatavilla." A bill to change the time of holding the Courts of Fleas and 'Qimrter Sessions in the county of Mecklenburg.'* " A bill in relation to the Richmond Manufacturing Com¬ pany." A bill to be entitled "An act to incorporate the Swift Island Gold Mining Company." The foregoing engrossed bills were read first time. A message was received from the House that they trans¬ mit enrolled bills and resolutions signed by the Speaker of the- House of Commons for the signature of the Speaker of the Senate, entitled to wit; " Resolutions protesting against the burning of cotton5 m Eastern North Carolina." " An act amendatory to the law in relation to Sheriff's- bonds." " Resolutions in relation to the secret proceedings of the General Assembly." "Resolutions expressing the satisfaction of the General Assembly with tlie spirit of the people in sustaining the war,, and with the conduct of our troops." *' An act to regulate the fees of Jailors." " An act to amend an act passed and ratified on the-'idtliu 1 98 SENATE JOURNAL. [Session.1 day of Fobrnary, 1859, entitled 'An act to incorporate the Lizzerdale Copper Company.'" " A bill to provide a supply of powder and lead in the several counties of the State." "A bill to amend the ordinance of the Convention entitled 'An ordinance to make some provision for the families of soldiers dying in service, ratified 22d February, 186-2, and for other purposes.'" And said bills and resolutions were signed by the Speaker of the Senate. Mr. Murrill introduced a bill entitled "A bill for the relief of persons who have overpaid or may hereafter overpay taxes," which was read first time and referred, on his motion, jto the Committee on the Judiciary, and ordered to be printed,. J*!*'- Lassiter asked leave of absence for Mr. Taylor, of .-Chatham, until Monday next, from and after to-day, which was granted, and the Senate adjonrned until to-morrow, It o'clock, A. M., on motion of Mr. Arendell. WEDNESDAY, DECE^iber 10, 1862. Prayer by Rev. Mr. Skinner. Mr. Bagley, from the Committee on Banks and Currency reported upon the bill entitled " A bill to amend the Charter of the Bank of Lexington and establish the Bank of Graham," and recommended that it do pass. Mr. Leitch, from the -Committee on the Judiciary, reported upon the resolution entitled kk Resolution in favor of John Fisher," and recommended .that it do pass. Mr. Slaughter, for the same Committee, reported upon .the bill entitled " A bill for the relief of such persons as may suffer from the burning of the a Court-House and records of Hertford County," and recommended that it do pass. Mr. Warren, from tho same Cqmipittee, reported upon the bill entitled "A bill concerning insane persons," and recom¬ mended that it do pass. JLS62-'63.] SENATE JOURNAL. 90 Mr. Simpson introduced this resolution: " Resolved, That a message be sent to the House of Com¬ mons, proposing to raise a joint select committee of two on the part of the Senate and three on the part of the House of Commons, to take into consideration whether it will bo com¬ patible with the pubic interest for this Legislature to adjourn sine die, 011 the 20th or 22d inst., as the case majT be, or not; and if said committee deem it inexpedient,'then to ascertain whether it is the intention -of this General Assembly to adjourn over at Christmas to any definite period, and if so, to say when and to what time, and that they report at as early a day as convenient," and the same was adopted and a mes¬ sage accordingly sent to the House of Commons. Mr. Lassiter introduced a resolution as follows: " Resolved) That the Commiitee on the Judiciary be in¬ structed to examine the ordinances of the Convention and recommend all such as are of a Legislative- character, for publication with the laws passed at this session of the General Assembly." Adopted. Mr. Adams, of Guilford, introduced .a resolution entitled "Resolution in, favor of the Executrix of the late Judge J. M. Dick," which was read first time and referred on his motion, to the Committee on the Judiciary. The Speaker announced as the Senate branch of the joint select committee raised to inqnire into the causes of the pay¬ ment of soldier's claims in Confederate Treasury Notts instead of North Carolina Treasury Notes &c., Messrs. "War¬ ren, Sanders and Ellis. Mr. Eure, fiorn the Joint Committee on Military Affairs, reported a bill entitled, " A bill to organize the State Re¬ serve," which was read first time, and, on his motion, made the special order for to-morrow, 12 o'clock. Mr. Simpson introduced a bill entitled " A bill to continue in force the ordinance of the Convention providing for an increase of the Salaries of the Comptroller and Secretary of State, passed and ratified the 9th day of May, A. D. 1862 which was read first time. 100 SENATE JOURNAL. [Session The resolutions entitled " Resolutions requesting our Sen¬ ators and instructing our Representatives in Congress to urge a repeal of certain clauses of the " Military Exemption Act of the Confederate Congress," were read a third time, and the question being on their passage, Mr. Murrill called for the yeas and nays, and one-fifth agreeing: Those who voted in the affimative, are :—Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Bagley, Blount, Brown, Carroway, Dickson, Dickerson, Ellis, Eure, Eaison, Harriss, Holeman, Jarratt, Lassiter, Lindsay, Leitch, Mat¬ thews, Murrill, Neal, Outlaw, Russ, Sanders, Simpson, Sharp, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Warren, Wiggins, Wooley and Wright,—35. Those who voted in the negative, are :—Messrs. Copeland, Drake, Graham, Lane, Patrick, Powell, Ramsay, Whitford, White and Young,—10. So the resolution passed. The question being on the title of the resolution just pass¬ ed, Mr. Shipp moved to amend, by striking out the word " instructing," which was agreed to. Mr. Brown moved, to reconsider the vote just given, and it was not agreed to. Mr. Brown moved to amend the title, by inserting the words "instructing our Senators and requesting our Repre¬ sentatives," striking out the word "requesting," and on this question called for the yeas and nays ; and one-fifth agreeing. Those who voted in the affirmative, are:—Messrs. Adams, of Davidson, Arendell, Bagley, Brown, Carroway, Copeland, Dickson, Drake, Ellis, Eure, Faison, Ilarriss, Lane, Lassiter, Lindsay, Matthews, Murrill, Neal, Powell, Simpson, Smith, of Stanly, Taylor, of Nash, Whitford and White, —21. Those who voted in the negative, are :—Messrs. Adams, of Guilford, Blount, Dickerson, Graham, Iloleman, Jarratt, Leitch, Outlaw, Patrick, Ramsay, Russ, Sanders, Sharpe, Shipp, Smith, of Anson, Smith, of Macon, Warren, Wiggins, Wooley, Wright and Young,—21. So the title stands, Resolutions instructing our Senators 1862—'63.] SENATE JOURNAL. 101 and requesting our Representatives in Congress, to urge a re¬ peal of certain clauses of the ' Military Exemption Act,' of the Confederate Congress." The following engrossed bills and resolutions were sent to the House of Commons, to wit: ( " Bill to provide for the holding of courts in Hertford County." " Resolution in favor of S. S. Hicks." " Resolution in favor of Thos. E. and C. W. Skinner, Jr." " Resolution in favor of Solomon Pool." " Resolution on printing the Inaugural Address of His Ex¬ cellency, Governor Vance," &c. " Resolutions declaring the offices of Adjutant General, Attorney General, and the Solicitor for the 4th Judicial Cir¬ cuit, vacant." A message was received from the House of Commons, that they agree to the proposition of the Senate, to raise a Joint Select Committee to consider and report, under the resolution of Mr. Simpson, upon the matter of adjournment, and ap¬ point Messrs. Russel, of Brunswick, McAden and Long, as the Committee on their part. # Mr. Carroway, introduced a resolution entitled, " Resolu¬ tion in favor of Capt. L, L. Clements, of Martin County," which was read first time and referred, on his motion, toge¬ ther with an accompanying certificate, to the Committee on Claims. The order of the day, being the bill entitled, " A bill to secure the property of married women," was read a second time. After some discussion on the bill, Mr. Faison moved to re¬ fer the same to a Select Committee, which was not agreed to. The question being on its passage, Mr. Faison asked for the yeas and nays, and one-fifth agreeing. Those who voted in the affirmative, are :—Messrs. Arendell, Bagley, Blount, Copeland, Dickson, Drake, Ellis, Enre, Faison, Harris, Holeman, Lane, Murrill, Outlaw, Smith, of Anson, Taylor, of Nash, White and Young—18. 102 SENATE JOURNAL. [Session Those who voted In the negative, are :—Messrs. Adams, of Davidson, Adams, of Guilford, Brown, Carroway, Dickerson, Graham, Jarratt, Lassiter, Leitch, Matthews, Neal, Patrick, Powell, Ramsay, Sanders, Simpson, Sharpe, Shipp, "Warren, AVhitford, Wiggins and AY right—22. So the bill did not pass. On motion of Mr. Young the engrossed bill entitled "A bill to change the time of holding the Courts of Pleas and Quarter Sessions in the county of Mecklenburg," was taken up and read a seeond time. The bill passed, and on motion of Mr. Young, the rules were suspended, when it was read a third time and passed. A message was received from the House of Commons that they transmit for the action of the Senate engrossed bills and resolutions passed by them entitled as follows, to-wit: " A bill in reference to Work Houses." " Bill for the relief of our sick and wounded soldiers." " A bill to alter the time of holding the Superior Courts of • Iiaw and Eqtiity in the Sixth Judicial Circuit." " Resolutions oi» the Roll of Honor." "Resolutions authorizing the Door-Keeper of the House to purchase a flag of the Confederate States of America, Ac," and "A bill to repeal the first section of the Ordinance of the Convention entitled { An ordinance to secnre to certain offl- cers and soldiers the right to voto as to elections to fill vacan¬ cies in Congress or the General Assembly." On motion of Mr. Outlaw, the Senate adjourned until to¬ morrow 11 o'clock A. M. THURSDAY, December 11, 1862. The Speaker announced as the Senate branch of the Joint Select Committee raised to inquire as to a time of adjourn¬ ment of the Legislature, Messrs. Graham and Simpson. A communication from Mr. Russ, tendering his resignation, i8G2-,63.] SENATE JOURNAL. 103 to take effect the 25tli inst, as Senator of the 24th District, was read, and Mr. "Warren moved that a writ of election he issu-ed by the "Speaker to the Sheriff of Wake county, to hold an election on the 25th inst., to fill the vacancy occasioned by the resig¬ nation of Mr Russ; which was agreed to. Mr. Warren, from the Judiciary Committee, reported upon the resolution entitled " Resolution in favor of the Sureties of W. D. Humphry, late Sheriff' of Onslow county," and recom¬ mended that it do passs; also, upon the bill entitled "A bill to prevent harboring deserters and resisting their arrest," and recommended amendments thereto. A message was received from the House of Commons that they transmit a communication from the Medical Purveyor of the Confederate States; an engrossed resolution entitled " Resolution requesting the Governor to correspond with Railroad and other Companies in relation to the transpor¬ tation of Salt from Wilmington; and the report of the Com- mitttee of Conference raised upon the bill entitled " A bill to prohibit for a limited time the manufacture' of spirituous liquors from grain, amendatory of an ordinance of the .Con¬ vention, ratified the 21st February, 1862," and the amend¬ ments thereto ; in which report they had concurred. The communication was read, and on motion of Mr. Gra¬ ham, laid on the table. The resolmion was read a first time, and on motion of Mr. Smith, of Macon, laid on the table. The report was read and adopted, and is as follows: The Committee of Conference, on the disagreeing votes of the Senate and House of Commons, upon the bill to prohibit the distillation of spirituous liquors, have conferred upon the subjects of disagreement, and Report, That it be recommended that the Senate concur in the amendments to include in the list of articles forbidden to be used for distillation, in the fifth line, " peas and peanuts " after " wheat," and the words " the seed thereof" after the words " sugar cane," and the word « rice " after the words SENATE JOURNAL. [Session "dried fruit," and in 2nd sec. 2nd line, after striking out th& words " its ratification," insert the words " the 1st day of January, 18G3." That the penalty for violations of the act shall be $500 fine and sixty days imprisonment. That tho Senate concur in the amendment at the end of section 2nd, u That persons offending against the provisions of this act, shall be deemed guilty of a distinct offence for every day or part of the day in which they shall be so offending." That the House reeede from its amendment proposed as section 2nd relative to exportation^ of corn, Ac., for the pur¬ pose of distillation. AT.. A. GRAHAM, for Sen.. J. S. AMIS, for H. of C. Mr. Shipp moved1 to-reconsider the vote by which the bill entitled " A bill to secure the property of married women,"' was lost yesterday, and it was agreed to, and said bill was referred, on his motion\ to a Select Committee. The Speaker announced said Committee Messrs. Shipp, Ontlaw, Faison, Blount and Eure. Mr. Lassiter, from the Committee on Propositions and Grievances, reported upon the bill entitled "A bill in relation to the Justices of Johnson county," and recommended amend¬ ments thereto. Mr. Arendell, from the Committee on Corporations, reported upon the bill entitled "A bill to amend the charter of the North Carolina Powder Manufacturing Company," and recommended that it do pass. Mr. Ramsay moved that a message be sent to the House of Commons, that the Senate proposes to set apart Saturday, the 20th next, for the appointment of Justices of the Peace, and Mr. Matthews moved to amend by proposing Friday, the 19th inst., which was agreed to, and the motion as amend¬ ed wa9 also agreed to, and the message sent accordingly. The following hills were read a third time and passed, en¬ titled, to wit; " A bill amendatory of an act to incorporate the Bank of ATestern North-Carolina." 1862-63.] SENATE JOURNAL. 105 "A bill for the benefit of Justices of the Peace, refugees from their counties." ' And " A bill to change the place of comparing the polls in the 44th Senatorial District." And " A bill to establish the Bank of Lincolnton." The bills entitled, " A bill concerning insane persons," and " A bill to amend the charter of the Western Plank Road," were read a second time and passed. The bill entitled, "A bill to continue in force the Ordi¬ nance of the Convention providing for an increase of the sal¬ aries of the Comptroller and Secretary of State, passed and ratified the 9th day-of May, A. D. 1862," was read a second time and referred, on motion of Mr. Ramsay, to the Commit¬ tee on Propositions and Grievances. The bill entitled, " A bill to amend an act entitled t Militia Bill,' ratified the 20th day of September, 1861," was read a second time and passed ; and the rules were suspended, on motion of Mr. Ramsaj7, when the same was read a third time and passed. Mr. Ramsay introduced a bill entitled, " A bill to incorpo¬ rate the town of Chesnut Hill, in Rowan county," which was read first time and referred, on motion of Mr. Sanders, to the Committee on Corporations. The order of the day, being the bill entitled, " A bill to or¬ ganize the State Reserve," was read a second time, and by sections. Mr. Eure moved to amend the first section by striking out, in line 12th, the word " five," which was agreed to. Mr. Matthews moved to amend by striking out all after the enacting clause and inserting, "That the Governor be, and hereby is authorized to accept the services of any number of volunteers, not exceeding in the whole ten thousand men, of any persons within the ages of eighteen and fifty, who are not now in the actual service of the Confederate States, and to organize them into companies, battalions or regiments, brigades and divisions, and to muster them into the service of the State, and to be subject to the command of the Gover- 106 SENATE JOURNAL. [Session nor as the constitutional cominander-in-chief of the military forces of the State. Sec. 2. Be it further enacted, That the organization of the said troops shall be according to the laws of this State, the company officers to be chosen by the members of the respec¬ tive companies, and the held officers of every regiment or battalion to be chosen by the company officers thereof, under such regulations as the Governor shall prescribe ; the Gener¬ al officers to be appointed by the Governor. Sec. 3. Be it further enacted, That the term of service of the troops hereby proposed to be raised, shall be twelve months, unless sooner discharged by the Governor, and that this act be in force immediately after its passage. Mr. Ramsay moved to remove the injunction of secrecy as to the report of the Joint Select Committee raised to visit Richmond and confer with his Excellency, the President of the Confederate States, &c., which was not agreed to. Mr. Copeland moved to amend the amendment proposed by Mr. Matthews, by inserting in section 1, after the words, " Confederate States,*' the words, "or liable to be called into that service by virtue of the acts of Congress commonly known as the consciiption acts." And Mr. Lassiter moved to postpone to Monday next, and that the bill be made the order of the day for that day at 12 o'clock. Mr. Brown moved to amend this proposed amendment by striking out "Monday," and inserting "to-morrow;" which was agreed to. A message was received from the House of Commons, that they propose to the Senate to go into an election for Judge of the 7th Judicial Circuit, to-morrow at 1 o'clock, and if the Senate agree thereto, nominate B. S. Gaither, IPm. M. Shipp, W. W. Lenoir and Anderson Mitchell, for said office; Also to go into an election for Solicitor of the same Circuit at 1-^ o'clock to-morrow, and nominate therefor "W. P. Bynum, Tod R. Caldwell and John D. Hyman. 1SG2—5C3.] SENATE JOURNAL. 107 The Senate agreed to the message and the House was in¬ formed thereof. Mr. Graham introduced a resolution entitled "Resolution in relation to the seizure and transportation from the State of R. J. Graves, a citizen of Orange countywhich was read first time, and, on motion of Mr. Ramsay, ordered to be printed. The bill entitled " A bill to construct a Railroad from Dal¬ las, in Gaston county, ma Lincolnton, to Newton, in Ca¬ tawba county," was read a third time. Mr. White moved to amend by striking out the words " iron works," wherever, and so olten as they occur, and in¬ serting the words " Kings Mountainwhich was agreed to, and the bill, as amended, passed. Mr. Matthews introduced a bill, entitled " A bill author¬ izing the Public Treasurer to re-pay the bounty money re¬ funded or withheld from men discharged under the conscript act of April 21st„1862;" which was read first time, and re¬ ferred, on his motion, to the Committee on Claims. The follow ing engrossed bills and resolutions were read first time, entitled, to wit: " A Bill for the relief of our sick and wounded soldiers." f A bill in reference to work-houses." " A bill to alter the time of holding the Superior Courts of Law and Equity in the sixth Judicial Circuit." "A bill to repeal the first section of the ordinance of the Conventit^n, entitled ' An ordinanoe to amend an ordinance to secure to certain officers and soldiers the right to vote as to elections to fill vacancies in Congress, or the General As¬ sembly.' " " Resolution authorizing the Door-Keeper of the House to purchase a Flag of the Confederate States of America, &c., and, "Resolutions on the 'Roll of Honor.'" The bill, entitled " A bill for the relief of such persons as may suffer from the burning of the Court House and records of Hertford county," was read a second time and passed. 108 SENATE JOURNAL. [Session The bill entitled " A bill to amend tbe charter of the Bank of Lexington, and establish the Bank of Graham," was read second time and passed, when, on motion of Mr. Adams of Davidson, the rules were suspended^ and it was read a third time and passed. On motion of Mr. Simpson, the Senate adjourned until to¬ morrow, 11 o'clock, A. M. ERIDAY, December 12, 1862. Prayer by Rev. Mr. Hardie. Received a message from the House of Commons that they agree to the proposition of the Senate to set apart Friday, the 19th inst., for the appointment of Justices of the Peace; also a message that they propose to the Senate to raise a joint select committee of three on their part and two on the part of the Senate to inquire into the causes of the non-payment of bounty to soldiers ; (which was authorized to be paid by an ordinance of the Convention,) and that said committee have power to send for persons and papers and report at as early a day as possible, which was agreed to and the Speaker announced Messrs. Bagley and Murrill as the Senate branch of said committee. Another message was received from the House, that they had appointed Messrs. Long and Howard, committee to superintend the election for Judge of the seventh Judicial Circuit, and Messrs. McNeill and Green also a committee to superintend the election for Solicitor of the same circuit. The Speaker announced as the committee on the part of the Senate to superintend the election for Judge, Messrs. Blount and Harris ; and Messrs. Wooley and Murrill as the committee to superintend the election for Solicitor of the circuit aforesaid. Mr. Ramsay, from the Committee on Claims, reported upon the resolution entitled "Resolution in favor of Capt. L. L* Clements," and recommended a substitute therefor; also 1862-63.] SENATE S0T7RNAL. 109 upon tlie resolutions entitled "A resolution in favor of John Blaylock," and " Resolution in favor of Joseph Welch," recom¬ mending that they do pass. Mr. Lassiter, from the Committee on Propositions and Grievances reported upon the bill entitled "A bill to amend the 102d chapter of the Revised Code entitled "Salaries and Fees," recommending amendments thereto, and upon the resolution entitled " A Resolution in favor of James M. Neal," recommending that it do pass. Mr. Simpson, from the JointSelect Committee on Adjourn¬ ment, reported a resolution and recommended its adoption as follows ; Resolved, Tl)at the two Houses of the General Assembly will adjourn over on Monday, the 22d inst., at 6 o'clock, A. M., to meet again on the first Monday in November, 1863, unless sooner convened by the Governor and Council of State. The report and resolution were received and read and were recommitted to said committee, on motion of Mr. Ramsay. Mr. Wright, from the joint select committee raised on a message of the Governor relating to the seizure of iron from State roads, reported and submitted resolutions which were read as follows: Resolved', That the Confederate Government have no right to seize the iron, or any part thereof, not laid down, in possession of the Wilmington, Charlotte and Rutherford Railroad Company, and we do hereby enter our protest against any act, on the part of the Confederate Government, to seize the same. Resolved, That His Excellency the Governor be requested to transmit, if necessary, to the Secretary of War this report, and to insist that the iron alluded to shall not be seized or taken from the Company and State. On motion of Mr. Ramsay, the report and resolutions were ordered to be printed. The bill entitled " A bill concerning insane persons," was read a third time and passed. 110 SENATE JOURNAL. [Session Mr. Wiggins, from the Committee on Einanee, reported, recommending the passage of " A bill to be entitled " Rev¬ enue," which was read first time and, on motion of Mr. Wiggins, made the special order for 12 o'clock Monday, and for each and every succeeding day until disposed of. A message was received from the House of Commons that they appoint Messrs. Ilorton, Walser and Ingram the House branch of the joint select committee raised to inquire of the non-payment of bounty to soldiers, &c. Mr. White, from the Committee on Enrolment, reported sundry bills and resolutions as duly enrolled, which were sent to the House of Commons, and signed by the Speaker thereof, returned and signed by the Speaker of the Senate, to wit: " An act in reference to the salaries of the Judges of the Superior Courts of Law and Equity." " An act to establish a Superior Court of Law and Equity for the County of Alleghany." "An act to authorize the Magistrates of the Courts of Chatham to levy a tax for the purpose of working the public roads in said County." "An act to establish the eighth Judicial Circuit, aud for other purposes." "An act concerning Justices of the Peace in Rladen County." " An act for the purchase of provisions." " An act to change the time of holding the Courts of Pleas and Quarter Sessions in the County of Mecklenburg." " An act to authorize the agent of Cherokee Lands to refund the purchase money in certain cases." The order of the day being the bill entitled, " A bill to or¬ ganize the State Reserve," was read, when Mr. Matthews withdrew, by unanimous consent, the amendment proposed by him, and moved to amend as follows, strike out all after the enacting clause and insert: "That the Governor be, and is hereby authorized to accept the services of any number of volunteers, not exceeding in 1862-»63.] SENATE JOURNAL. Ill the whole, ten thousand men, of any persons over the age of eighteen years, who are not now in the actual service of the Confederate States, and to organize them into companies, battalions or regiments, brigades or divisions, and to muster them into the service of the State, and to be subject to the command of the Governor, as the Constitutional Commander of the Militia force of the State. Sec. 2. Be it further enacted, That each company shall consist of not less than seventy-live, nor more than one hun¬ dred m6n, besides officers; and each regiment shall consist of not more than ten companies. As soon as a sufficient number of men to constitute oi'ie company shall have been raised, the organization shall begin ; and, immediately after each battalion, regiment, brigade or division, shall have been organized, the Governor shall tender it to the President of the Confederate States, for special service and local defence, to serve only within the limits of this State, except in cases where the Governor shall deem it advisable for the defence of the State, to remove them into contiguous districts. Sec. 3. Be it further enacted, That the company officers shall be chosen by the members of the respective companies, and that all the other commissioned officers, both of the line and staff, shall be appointed by the Governor. Sec. 4. Be it further enacted, That this force shall be sub¬ ject to the rules and articles of war, and shall receive the same pay and allowance as officers and soldiers of the Con¬ federate States' army ; and they shall serve one year unless sooner discharged ; but, they may be returned to their homes at any time, by the order of the Governor, subject to be call¬ ed out, however, within that term, whenever, and as often as the public exigency may require; and the men shall also receive a bounty of fifty dollars each—twenty-five dollars to be paid when they are mustered into service, and the re¬ mainder when they shall have performed six months actual service. Sec. 5. Be it further enacted, That whenever special pro¬ vision is not herein made for any act or thing necessary to 112 SENATE JOURNAL. [Session carry out, completely, the provisions of this act, the same shall be done under the general law. Sec. 6. Be it further enacted, That this act shall be in force from and after its ratification. Mr. Copeland moved to amend by inserting after the words " Confederate States," in Section 1st, the words, " or liable to be called into that service by virtue of the acts of Con¬ gress commonly known as the Conscript acts." The Senate now proceeded to the election for Judge of the 7th Judicial Circuit; the name of Wm. M. Shipp, having been withdrawn. The vote was as follows : Eor Anderson Mitchell,.—Mr. Speaker, Messrs. Adams, of Davidson, Blount, Brown, Carroway, Copeland, Dickson, Drake, Eaison, Harriss, Holeman, Jarratt, Lindsay, Leitch, Matthews, Ramsay, Sharpe, Slaughter, Smith, of Anson, Tay¬ lor, of Nash, Whitford and Wright.—22. For B. S. Gatther.—Messrs. Adams, of Guilford, Bagley, Dickerson, Lassiter, Neal, Patrick, Rnss, Sanders, Simpson, Shipp, Smith, of Macon, Smith, of Stanly and Wooley.—13. Messrs. Eure, Warren and Wiggins, voted for Wm. Mi Shipp.—3. Messrs. Arendell, Ellis, Lane, Murrill, Powell and White, voted for W. W. Lenoir.—6. Mr. Blount, from the Committee to superintend the election just had, reported that no one having received a majority of all the votes cast, there is no election. Mr. Rnss moved that a message be sent to the House of Commons that the Senate proposes to go immediately into an election again for Judge of the Seventh Judicial Circuit, which was agreed to, and Mr. Smith, of Macon, nominated Wm. M. Shipp. The Senate proceeded to the election, now o'clock, for Solicitor of the Seventh Judicial Circuit, and the vote was as follows: For T. R. Caldwell :—Mr. Speaker, Messrs. Blount, Brown, Patrick, Ramsay, Russ, Warren and Wiggins—S. IS62-63.] SENATE JOURNAL. 113 For "War. P. Bynum:—Messrs Adams, of Davidson, Adams, of Guilford, Arendell, Bagley, Dickson, Dickerson, Drake, Ellis, Pure, Faison, Harris, Iioleman, Jarratt, Lane, Lassiter, Lindsajr, Matthews, Murrill, Outlaw, Powell, Simpson, Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Whitford, White, Woole}r and Wright—31. For Josn D. Hyman :—Messrs. Carroway, Oopeland, Leitch, Lindsay, Sanders and Taylor, of Nash—6. Mr. Russ moved to postpone the order of the day until 1 o'clock Monday, which was agreed to. A message was received from the House of Commons that they concur in the proposition of the Senate to go immedi- diately into an election again for Judge of the Seventh Judi¬ cial Circuit, and that they appoint Messrs. Benburry and Williams on their part to superintend the election ; and the Speaker announced as the Committee on the part of the Senate, Messrs. Arendell and Faison, to superintend said election. The Senate then proceeded to vote again as follows, for Judge of the Seventh Judicial Circuit. Foe Anderson Mitchell : —Messrs. Blount, Drake, Hole- man, Jarratt, Ramsay and Sharpe—6. For W. M. Shipp:—Mr. Speaker, Messrs. Adams, of Da¬ vidson, Adams, of Guilford, Arendell, Bagley, Brown, Carro¬ way, Copeland, Dickson, Dickerson, Ellis, Eure, Faison, Har- riss, Lane, Lassiter, Leitch, Lindsay, Matthews, Murrill, Neal, Patrick, Powell, Russ, Sanders, Simpson, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor of Nash, Warren, Whitford, White, Wiggins, Wooley and Wright—37. Messrs. Copeland, Adams, of Davidson, and Leitch having voted for Mr. Mitchell, changed for Mr. Shipp. Messrs. Arendell and Lane having voted for Mr. Lenoir, changed their votes for Mr. Shipp, and likewise the following Senators having voted for Mr. Gaither, changed for Mr. Shipp, Messrs. Neal, Sanders, Simpson, Smith, of Anson, and Smith, of Stanly. , Mr. Wooley from the committee appointed to superintend 8 114: SENATE JOURNAL. [Session the election for Solicitor of the 7 th Judicial Circuit, reported that ¥m. P. Bynum received a majority of the whole num¬ ber of votes cast, and is elected. Leave of absence was granted to Mr. Blount until "Wednes¬ day next, on motion of Mr Patrick. On motion of Mr. Slaughter, the Senate adjourned until to-morrow, 11 o'clock, A. M. SATURDAY, Decembeb 13, 1862. Mr. Leitch from the Committee on the Judiciary, reported upon the resolution entitled, " Resolution in favor of the Ex¬ ecutrix of the late Judge J. M. Dick," and recommended that it do pass. A report from the Commissioners on the Sinking Fund was- received and read, and on motion of Mr. Leitch, the same was transmitted to the House of Commons with a proposition to print. Mr. Wright from the Select Committee to whom was re¬ ferred the resolution entitled, "Resolution requesting the Gov¬ ernor to request the officers of the Confederate Government to desist from arresting our citizens, and to take such proceed¬ ings as he may deem best, to put an end to such arrests," reported back the same and recommended that it be laid on ■the table. The report was adopted and the resolution laid on the table. Mr. Simpson from the Joint Select Committee on adjourn¬ ment, &c., to whom was recommitted report and resolution on the subject of adjournment, made a report and recommend¬ ed a substitute, which was read and laid on the table, on motion of Mr. Outlaw. The following engrossed bills and resolutions were sent to the House of Commons, entitled, to wit: " A bill to incorporate the town of Marion." " A bill to change the place of comparing the polls in the 44tlx Senatorial District.." l862-'63.] SENATE JOURNAL. 115 " A bill for the benefit of Justices of the Peace, refugees from their counties." " A bill amendatory of an act to incorporate the Bank of Western North Carolina." " A bill to establish the Bank of Lincolnton." " A bill to amend an act entitled ' Militia Bill,' ratified the 20th day of September, 1861." " A bill to amend the charter of the Bank of Lexington, and establish the Bank of Graham." " A bill to construct a Railroad from Dallas in Gaston County, via Lincolnton to Newton, in Catawba County." " Resolutions instructing our Senators, and requesting our Representatives in Congress to urge a repeal of certain clauses of the Military Exemption act of the Confederate Congress." Mr. Ramsay introduced a bill entitled, " A bill supplemen¬ tary to an act passed at the present session of the General Assembly, and ratified 9th day of December, 1862," Ac., which was read first time, and on his motion, the rules were suspended, when it was read a second and third time, and passed. Mr. Ramsay then moved to re-consider the vote by which the aforesaid bill passed, and to lay that motion on the table ; and it was agreed to, and the same was engrossed and sent to the House of Commons for their action. Mr. Faison, from the committee appointed to superintend the election for Judge of the 7th Judicial Circuit, reported that Wm. M. Shipp, having received a majority of all the votes cast, is elected. The bill entitled, " A bill to incorporate the Macon Leath¬ er Company, in the county of Macon," and the resolution en¬ titled, " Resolution in favor of Benjamin Fitzrandolph," were read a third time and passed. The bill entitled, " A bill to be entitled, an act to Incorpor¬ ate the Swift Island Gold Mining Company," was read a se¬ cond time and passed, when, on motion of Mr. Wooley, the rules were suspended and it was read a third time and 116 SENATE JOURNAL. [Session The bill entitled. "A bill to establish a Female Seminary in Davidson County, by the name of Reatavilla," and the re¬ solution entitled, "Resolution in favor of John Fisher," were read a second time and passed. The resolution entitled, "Resolution in favor of Joseph "Welch," was read second time and passed ; and the rules were suspended, on motion of Mr. Smith, of Macon, when the same was read a third time and passed. The resolution entitled, " A resolution in favor of John Blaylock," was read a second time and passed; and, on mo¬ tion of Mr. Smith, of Stanly, the rules were suspended, and the same was read a third time and passed. The resolution entitled, " Resolution to pay the officer" and privates of Capt. J. "W. F. Banks' company for their servi¬ ces," wTas read a second time, and the amendment recom¬ mended by the Joint Committee on Military Affairs, adopt¬ ed, to wit: Resolved, That the Paymaster of the State be authorized and requested to pay the officers and enlisted men of Captain J. "W. F. Banks' company, who have not been paid for two months, and twenty-four days service, on the presentation of a duly certified pay roll;" and, the resolution, as amended, passed, when the rules were suspended, on motion of Mr. Lindsay, and the same was read a third time and passed. The resolution entitled " A resolution in favor of James M. Neal," was read a second time and passed, when the rules were suspended on motion of Mr. Neal, and the same was read a third time and passed. The resolution entitled "Resolution in favor of the sure¬ ties of W. D. Humphrey, late Sheriff of Onslow county," was read a second time and passed, when Mr. Murrill moved to suspend the rules; which motion was agreed to, and the resolution was read a third time and passed. The bill entitled " A bill in relation to the Richmond Man¬ ufacturing Company," was read a second time and passed, when Mr* Leitch moved to suspend the rules; which was agreed to, and the bill was read a third time and passed. 1862-'63.j SENATE JOURNAL. lit The resolution entitled "Resolution in favor of L. L. Clem¬ ents, of Martin county," was read a second time, and the amendment reported by the Committee on Claims adopted* to wit: "That the public Treasurer palr to L. L. Clements, of Martin county, the sum of thirty-two dollars and ninety- six cents, the amount of taxes overpaid by him in 1862." The resolution as amended, passed. Mr. Harris introduced a bill entitled " A bill concerning the Courts of Pleas and Quarter Sessions of Franklin county which was read first time, when, on his motion, the rule3 were suspended, and the same was read a second and third times, and passed. The bill entitled "A bill for the relief of landlords," was read a second time and passed, and the rules were suspended, on motion of Mr. Leitch, and it was read a third time. Mr. Leitch moved to amend, by inserting in Sec. 3d, after the words "Superior Court," the words "upon giving suffi¬ cient securitywhich was agreed to, and the bill, as amend¬ ed, passed. The bill entitled " A bill for the relief of such persons as may suffer from the burning of the court house and records of Hertford county," was read a third time and passed. Mr. Outlaw introduced a bill entitled " A bill to regulate the per diem and mileage of the members of the General Assembly," which was read first time, and Mr. Matthews moved to suspend the rules, upon which motion Mr. Outlaw •asked for the yeas and nays, and one-fifth agreeing i Those who voted in the affirmative, are, Messrs. Adams, of Davidson, Adams, of Guilford, Cdpeland, Dickson, Dickerson, Ellis, Eure, Faison, Harris, Jar- ratt, Lindsay, Matthews, Murrill, Outlaw, Ramsay, Sharpe, ■Shipp, Smith, of Stanly, Warren, Wiggins and Wooley—21. Those who voted in the negative, are, Messrs. Bagley, Brown, Carroway, Drake, Leitch, Powell, Sanders, Simpson, Smith, of Anson, Smith, of Macon, Taylor^ of Nash, and Wright—12. 118 SENATE JOURNAL. [Session The rules were suspended, and the resolutions were read a second time, when Mr. Sanders asked for the jeas and nays on their passage, and one-fifth agreeing : Those who voted in the affirmative, are, Messrs. Adams, of Davidson, Dickerson, Lindsay, Outlaw, Ramsay, Sharpe, Shipp, Slaughter, Warren, Wiggins and Wooley—11. Those who voted in the negative, are, Messrs. Adams, of Guilford, Bagley, Brown, Carroway, Copeland, Dickson, Drake, Ellis, Eure, Faison, Harris, Jar- ratt, Leitch, Matthews, Murrill, Neal, Patrick, Powell, San¬ ders, Simpson, Smith, of Anson, Smith of Stanly, and Taylor, of Nash—23. So the resolution did not pass. Leave of absence was granted to Mr. Adams, of Davidson, until Tuesday next, on motion of Mr. Matthews. The bill entitled " A bill to amend the 102nd chapter of the Revised Code, entitled 'Salaries and Fees,"5 was read a second time. The amendments recommended by the Committee on Propositions and Grievances, to-wit: In sec. 1 line 7, to strike out word " five " and insert " four," and also in sec. 2 line 4, to strike out word "six" and insert "five," and in line 5 of same section, strike out word "five " and insert four," were severally put and not agreed to, then reconsidered, on motion of Mr. Ramsay, voted upon severally again. Not agreed to. The question being on the original bill, Mr. Ellis moved to strike out all after the section providing for the salary of the Governor, which was not agreed to, and the bill parsed. On motion of Mr. Ramsay, the rules were suspended, and said bill was read a third time and passed. Leave of absence was granted, on motion of Mr. Warren, to Mr. Lassiter until Tuesday next. And on motion of Mr. Slaughter, the Senate adjourned until Monday 11 o'clock A.M. l862-'63.] SENATE JOURNAL. 119 MONDAY, December 15, 186-2. The bill entitled, " A bill to prevent harboring deserters and resisting their arrests," was read a third time when the amendments recommended by the Committee on the Judi¬ ciary were adopted, to-wit: Strike out in section 1, of the substitute, the words, " entice, persuade or tempt," and insert the word "harbor," and after the word " conceal," insert the words, " or maintain." The amendment as amended was then adopted, as follows, towit: Be it enacted by the General Assembly of the State of North- Carolina, and it is hereby enacted by the authority of the same. That all persons who shall harbor, or conceal, or main¬ tain any deserter from the Confederate Army, or any con¬ script whose duty it is to be in the service of the army of the Confederate States, or any one whose duty it shall be to ren¬ der service as a soldier to the State of North-Carolina, or shall aid and assist any of the above named deserters, con¬ scripts or soldiers, in resisting the proper authorities while arresting them, shall be held and deemed guilty of a misde¬ meanor, and upon conviction shall be fined or imprisoned, or both, at the discretion of the Court. Be it further enacted, That this act shall be in force from and after its passage. And the bill as amended passed and is ordered to be en¬ grossed. The bill entitled, "A bill to amend the charter of the Western Plank Road," was read a third time and passed. The bill entitled, " A bill to amend the charter of the North- Carolina Powder Manufacturing Company," was read a sec¬ ond time. Mr. White moved to amend by inserting after words " pow¬ er to raise dams," in line 7, section 1, the words, " Provided, that it does not interfere with or dam the river, so as to injure the passage of the Tuckasegee ford," which was agreed to, when the bill as amended passed, and the rules were sus- 120 SENATE JOURNAL [Session pended on his motion, also, and the hill was read a third time and passed. The bill entitled, county;" which was nead first time and referred, on motion of Mr. Smith of Stanly, to the same committee ; and " A bill to alter the line between Jackson and Transylvania counties;" which was read first time, when the rules were suspended, on motion of Mr. Smith of Macon, and the same was read a second and third times and passed. Mr. Arendell, from the Committee on Corporations, re¬ ported upon the bill entitled " A bill to incorporate the town of Cliesnut Hill, in Rowan county," and recommended that it do pass. On motion of Mr. Smith of Macon, the engrossed bill en¬ titled "Bill for the relief of our sick and wounded soldiers," was taken up and read a second time. Said bill passed, and the rules were suspended, when it was read a third time and passed. Mr. Ramsay, from the Joint Committee on the Insane Asy¬ lum, made a report, and recommended a bill entitled " A bill for the support of the Insane Asylum which was read first time ; and said bill and report were ordered to be printed, on motion of Mr. Shipp. A message was received from the House of Commons, that they transmit to the Senate, " A statement showing the con¬ dition of the Bank of Wadesboro, December 3rd, 1802 ;" and said statement, on motion of Mr. Smith, of Anson, was order¬ ed to be printed. 126 SENATE JOURNAL. [Sessioti Also, a message that they transmit to the Senate, a com- •mnnication from the Executive Department, accompanied by " Report of Chas. Manly, Treasurer of the University, to the Board of Trustees," and propose that said report be printed, which was agreed to. A communication from "W. M. Shipp, tendering his resig¬ nation as Senator from the 49th District, was read, and, on motion of Mr. Ramsay, it wa3 ordered that a writ of election be issued to the Sheriffs of the counties composing said Dis¬ trict, to hold an election on the 15th January, 1863, to fill the vacancy occasioned by said resignation. Mr. Eaison, for the select Committee, to whom was refer¬ red the bill entitled, " A bill to secure the property of mar¬ ried women," reported a substitute by way of amendment, which, on his motion, was ordered to be printed. Mr. Leitch introduced a bill entitled, " A bill concerning the State Educational Association of North Carolina," which was read first time. The order of the day, being the bill entitled, " A bill to be entitled ' Revenue,' was taken up, and the question being on inserting the amendment proposed by Mr. Bagley. Mr. Young moved to amend the amendment by striking out and inserting words, so as to alter the classification and valuation of slaves, as follows : "All slaves under 8 years of age, to be valued $100; all 8 years of age, and under 15, to be valued $300; all 15, and under 30, to be valued $600; all 30, and under 40, to be valued $500; all forty years of age and upward, to be valued $250," which was not agreed to. Mr. Murrill moved to amend by striking out all after the words, " All the slaves in this State," and inserting as follows: " which slaves shall be divided into six classes valued accord¬ ingly, as follows: Class No. 1—All mechanics under 50 years old; $1,000 Do " 2— " slaves " 7 " " 150 Do " 3— " " over 7 and under 15 " 350 D0 « « « « 15 « « 30 « 600 Do " 5— « " " 30 « " 40 « 400 Do " 6— " " " 40 years old, 250 1862-'63.] SENATE JOURNAL. 127 Provided, The Court of Pleas and Quarter Sessions, shall have power to exempt from taxation, any slaves who, from age, mental or bodily infirmity, may not be of any value, and not fit subjects for taxation. The motion did not prevail. Mr. Smith, of Macon, moved to amend by inserting "that all slaves over the age of sixty shall be held as a distinct class of the value of twenty-five dollars," which was agreed to. The amendment of Mr. Bagley as amended was now adopted. Mr. Slaughter moved to amend 3d paragraph section 1, by inserting in line 19, between the words " that" and " Confed¬ erate State Treasury Notes," the words " specie, Bank notes and County bonds and notes," which was not agreed to. Mr. Adams, of Guilford, moved to amend by striking out the 4th paragraph and inserting in lieu thereof as follows :— "Every dollar of nett dividend or profit, not previously listed, declared, received, or due, on or before the 1st day of April in each year, upon money or capital invested in shares in the Bank of Washington,the Merchant's BankofNew- bern, the Bank of Wadesboro, the Bank of Fayetteville, the Commercial Bank of Wilmington, the Farmer's Bank of N.C., the Bank of Charlotte and the Bank of Yancey ville, shall pay an annual tax of fourteen cents, and in shares in all the other Bankseight cents; and any person listing such dividends shall specify the Bank from which such dividends are due, or have been received," and the motion did not prevail. Mr. Murrill moved to amend section 2 by inserting in line 15 the word "farming" after .the word " mechanical "and before the word " tools," which was agreed to. Mr. Murrill also moved to amend section 6 by striking out in lines 4 and 5 the words "or for each school district," which was not agreed to. Mr. Copeland moved to amend section 11 by inserting in line 10, after the word " number," the words " and ages," which was agreed to. Mr. Wright moved to amend said section by adding thereto as follows : " And if any one deem that his land, or any one 128 SENATE JOURNAL. [Session tract or lot is valued too higli by the Board of Assessors appointed in 1858, he may apply to the ensuing term of the County Court, twelve Justices being present, who shall duly consider the same by examining witnesses under oath, and a decision of a majority of the Justices present, shall iix the valuation which shall be final." Said amendment was adopted. Mr. Wiggins moved to amend section 52, paragraph 2, by adding "and all keepers of houses of public entertainment, whether in town or country, whose annual receipts amount to three hundred dollars, or more, a tax of one per cent on the receipts. Mr. Leitch moved to amend said amendment by striking out " 300 dollars," and inserting " 500 dollars," which was not agreed to, and the amendment was agreed to. Mr. Wiggins now moved to amend the Tth paragraph of the same section by adding thereto as follows: "Every stud¬ horse and jackass let to mares for a price, belonging to a resident of the State, six dollars, unless the highest price demanded for the season for one mare shall exceed that sum, in which case the amount thus demanded shall be paid as a tax ; such jackass or stud to be listed and the tax paid in the county in which the owner resides," and said amendment was adopted. Mr. Ellis moved to amend the 9th paragraph of the same section by striking out $1.50 and inserting $10, as the tax on pianos, which was not agreed to. Mr. Young moved to amend paragraph 11 of same section, by striking out the word " two ^ in line 62, and inserting "one," which was not agreed to. Mr. Iloleman moved to amend by striking out the entire paragraph, and, upon this question, asked for the yeas and nays, and one fifth agreeing: Those who voted in the affirmative are, Messrs. Bagley, Copeland, Dickson, Faison, Harris, Hole- man, Matthews, Powell, Russ, Slaughter, Smith of Anson, Smith of Stanly, Warren, Whitford and Wooley—15. Those who voted in the negative are, £862-63.] SENATE JOURNAL. 129 Messrs. Adams of Davidson, Adams of Guilford, Brown, Oarroway, Dickerson, Drake, Ellis, Eure, Jarratt, Lassiter, Leitch, Murrill, Neal, Outlaw, Ramsay, Simpson, Sharpe, Shipp, Smith of Macon, Taylor of Chatham, White, Wiggins, Wright and Young—24. So the motion did not prevail. Mr. Adams, of Guilford, moved to amend the 14th para¬ graph of same section, by striking out the word "purchases," in line 36 and in line 99, and inserting the word " sales," in each place, which was agreed to. Mr. Bagley moved to adjourn until to-morrow morning 10 o'clock, but the motion was not agreed to. Mr. Arendell moved to strike out paragraph 15 of same section, but the motion did not prevail. Mr. Young moved to amend section 58, by adding thereto this proviso : " Provided, that the provisions of this act shall not apply to slaves who are permanently located, and hired year after year, beyond the limits of this State.'' Pending which motion, Mr. Matthews, moved to adjourn until to-morrow 10 o'clock, A. M., and the Senate did so -adjourn. WEDNESDAY, December 17, 1832. Mr. Warren, from the Committee on the Judiciary, made a report in pursuance of a resolution of instruction in rela¬ tion to the publication of all ordinances of the Convention which are of a Legislative character, and recommended that the following ordinances of said Convention be published, to¬ gether with the laws passed at the present session of the General Assembly, to wit-: Ordinances, numbers 2, 3, 4, 20, 23, 27, 29, 30, 34, and 35, which were passed by the Convention at its first session; Or¬ dinances, numbers 3, 8, 10, 16, 18, 19 and 20, which were passed at the second session; Ordinances, numbers, 2, 4, 6, 7, 8, 9, 10, 13, 14, 17, 21, 23, 24, 26, 27, 30, 32, 33, 34 and 35, 9 130 SENATE JOURNAL. [Session which were passed at the third session; Ordinances, num¬ bers 1, 3, 4, 5, 9,10, 12, 14, 16, 17, 18, 20, 21, 24, 27, 28, 29, 32, 34, 35, 38 and 39, which were passed at the fourth session of the Convention. The report was adopted. Mr. Warren, from the same oommittee, also reported back the bill entitled " A bill to transfer the jurisdiction of the Courts of counties occupied or controlled by a public enemy," and asked to be discharged from its further consideration ; and the committee were discharged accordingly. Also, upon the bill entitled " A bill to provide for the pro¬ bate of wills, and granting letters of administration, when the county of the residence of the testators or intestates is in the possession of the enemy," and recommend amendments thereto; which amendments were adopted, the bill having been read a second time, as follows, to wit: Strike out the word "hereinafter," in the 6th and 7th lines of Sec. 2d, and insert the word " hereinbeforein the 13th line, strike out the word " transmitted," and insert the word " transcribed ;" after the word " together," in the 6th line of the 5th Section, insert in brackets the words (" at the Court House when practicable") after the word "if" and before the word "any," in 3d line of Section 1, insert the word "in," and add the following Section : 8. " Be it further enacted, That this act shall be in force from and after its ratification." Mr. Lassiter moved to amend by adding this proviso: " Provided, that the Governor, whenever upon proper proof of the necessity, may authorize the County Court of the coun¬ ty where any person or persons, having their residence for and during the war, to grant letters of administration, special or general, or take the probate of wills, and to be subject to the provisions of this act, in other respects as far as may be necessary to protect the estate of such intestate or testator and to transfer the records of such proceedings, to the coun¬ ty where such persons had their usual place of residence, be¬ fore the commencement of the war." It was not agreed to. Said bill as amended was recommitted on motion of Mr. 1862-'63.] SENATE JOURNAL. 131 Ramsay, but subsequently said vote was reconsidered, on mb- tion of Mr. Lassiter. A message was received from the House of Commons, that they transmit the following engrossed bills and resolutions, entitled to wit: " A bill to admit proof of the handwriting of attesting wit¬ nesses in certain cases." " A bill authorizing the President and Directors of the Literary Fund of North-Carol in a, to elect a treasurer," &c. " Resolution proposing to adjourn on the 22d of December, and meet on the 19th January, 1863. The resolution was read as follows: " Resolved, That the Speakers of the two Houses of this General Assembly, close the present session on Monday morning, the 22d inst., at 5 o'clock, A. H., by adjourning their respective Houses until 11 o'clock, A. M., of Monday, the 19th day of January next." Mr. Smith, of Macon, moved to lay on the table. Not agreed to. Mr. Graham moved to amend by striking out " 19th Jan¬ uary, 1863," and inserting "July 1st, 1863." Mr. Brown called for a division of the question, and the question being upon striking out "19th January, 1863," Mr. Brown also asked for the yeas and nays and one-fifth agree¬ ing : Those who voted in the affirmative are, Messrs. Adams, of Davidson, Adams, of Guilford, Brown, Drake, Faison, Graham, liarriss, Holeman, Lassiter, Leitch, Murrill, Powell, Russ, Simpson, Smith, of Macon, Taylor, of Chatham, White, Wiggins and Wright—19. Those who voted in the negative are, Messrs. Bagley, Carroway, Copeland, Dickerson, Eure, Jarratt, Lindsay, Matthews, Neal, Outlaw, Ramsay, Sanders, Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Stanly, Warren, Whitford, Wooley and Young—21. So the Senate refused to strike out and the resolution was adopted. 132 SENAtE JOURNAL. [Session On motion of Mr. Graham, a message was sent to the House of Commons, that- the Senate proposes to go into an election for Solicitor of the 4th judicial Circuit, at 11-| o'clock. Mr. Bagley moved as an amendment to the foregoing mo¬ tion, that a message be sent to the House ot Commons, that the Senate proposes to go into an election for Adjutant Gen¬ eral at 1 o'clock, which was not agreed to. Mr. Ramsay moved that a message be sent to the House of Commons, that the Senate proposes that the two Houses vote by joint ballot, at 1 o'clock, on a motion to adjourn at 5 o'clock, A. M., on Monday the 22d inst., to meet again on Monday the 19th day of January, 1863, and that those voting for the proposition shall write the word " adjourned," on their tickets, and those voting against it, shall write on their tickets " not adjourned." And it was not agreed to. Mr. Bagley* moved to send a message to the House of Commons, that the Senate proposes to go into an election for Adjutant General* at 1 o'clock, when Mr. Graham moved to lay the motion otl the table, which latter motion prevailed. Mr. Young introduced a resolution, having given notice thereof on yesterday, to wit i " Resolved, That this House will meet at 10 o'clock, A.M., and adjourn at 2 o'clock, P. M.: and that it will meet again at 7 o'clock P. M., and adjourn at 9^- o'clock P. M., until otherwise ordered* and that this resolution go into effect this day. Mr. Outlaw moVdd to amend by striking out all after the words "meetat 10 o'clock A. M.," and insert, "and adjourn at 3£ o'clock, P. M.,*' which was not agreed to. Mr. Sharpe moved to amend by striking out " 7 o'clock, P. M.," and inserting " 4 o'clock, P. M. f' also, by striking out " 9^ o'clock P. M.*" and inserting " 7 o'clock, P. M." Mr. Outlaw moved to amend the amendment by striking out " 7 o'clock, P. M.," and inserting " 6 o'clock, P. M.," which was not agreed to; and the question being on the amendment, it was nOt agreed to. The resolution was adopted. 1802-'63.] SENATE JOURNAL. 133 A. message was received from the House of Commons, that they agree to the proposition of the Senate to go into an elec¬ tion for Solicitor of the 4th Judicial Circuit, at 11^ o'clock, and appoint Messrs. Carpenter and Grier, to superintend on their part said election, and also inform the Senate that M. Q. Waddell, Esq., has been placed in nomination therefor. The Speaker announced Messrs. Simpson and Adams, of Davidson, as the Committee on the part of the Senate. The Senate proceeded to vote, as follows: For Thomas Settle:—Mr. Speaker, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, JBagley, Brown, Carroway, Copeland, Dickerson, Eure, Graham, Holeman, Jarratt, Lassiter, Lindsay, Leitch, Matthews, Murrill, Neal, Ramsay, Russ, Sanders, Simpson, Sharps, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Warren, Whitford, Wiggins, Wooley, Wright and Young,—35. For M. Q. Waddell:—Messrs. Dickson, Drake, Faison,* Harriss, Powell and White,—6. A message was received from the House of Commous, that they propose to the Senate to go into an election for Adjutant General, at 12 o'clock to-day ; and that Daniel G. Fowle, John Randolph, R. C. Duvall, R. H. Cowen, C. P. Bryson and W. E. Mann, are in nomination. Mr. Eure moved to lay the message on the table, and one- fifth agreeing to, a call for the yeas and nays, which were asked thereon: Those who voted in the affirmative, are, Messrs. Adams, of Guilford, Arendell, Dickerson, Graham, Holeman, Jarratt, Lassiter, Murrill, Neal, Ramsay, Russ, Sharpe, Shipp, Smith, of Anson, Smith, of Macon, Taylor, of Chatham, Warren, Wright and Young—>19. Those who voted in the negative, are, Messrs. Bagley, Brown Carroway, Copeland, Dickson, Drake, Eure, Faison, Harris, Lindsay, Leitch, Matthews, Outlaw, Powell, Slaughter, Smith, of Stanly, Whitford, White, Wiggins and Wooley—20. Bo the motion did not prevail. 134 SENATE JOURNAL. [Session Mr. Matthews moved to reconsider the vote just given, which was agreed to, and the motion to lay on the table was agreed to. A message was received from the House of Commons that they propose to the Senate to go into an election for Attorney General at 12^ o'clock, and that ¥m. A. Jenkins, Sion II. Rogers and II. A. Gilliam are in nomination therefor, and they have appointed as the Committee on their part to super¬ intend the election, Messrs. Carter and Fleming. Mr. Ramsay moved to lay the proposition on the table, and it was agreed to. Mr. Ramsay moved that a message he sent to the House of Commons that the Senate proposes to go into an election for At¬ torney General at 1% o'clock P. M., and Mr. Outlaw nomina¬ ted H. B. Hardy, Esq., therefor. The motion was agreed to. Mr. Smith, of Macon, moved to postpone the order of the day, and take up from the table the bill entitled " A bill to &mend the 1st, 12th and 23rd sections of chapter 17 of the Acts for 1860 and '61," and it was agreed to. Said bill was read q, second time, when Mr. Graham moved to amend by adding the following: Sec. 3rd, "The Adjutant General shall be appointed by the Governor in the same manner with other members of his staff, and shall hold his office for the term of two years, unless sooner removed by the Governor." Which was agreed to, and the hill as amended passed. The rules were suspended, on motion of Mr. Brown, when said hill was read a third time, and upon its passage, the yeas and nays were asked by Mr. Bagley ; one-fifth agreeing: Those who voted in the affirmative, are, Messrs. Adams of Davidson, Adams, of Guilford, Arendell Brown, Dickson, Dickerson, Graham, Holeman, Jarratt, Las- siter, Leitch, Lindsay, Matthews, Murrill, Neal, Ramsay. Rugs, Sanders, Simpson, Sharpe, Shipp, Smith, of Anson. Smith, of Macon, Taylor, of Chatham, 'Warren, Wooley, Wright and Young—28. Those who voted in the negative, are, 1862-^3.] SENATE JOURNAL. 135 Messrs. Bagley, Carroway, Copeland, Drake, Ellis, Eiire, Eaison, Harris, Outlaw, Powell, Slaughter, "Whitford, White, and Wiggins—14. So the bill passed. Mr, Ramsay moved to reconsider, and lay that motion on the table ; which was agreed to. A message was received from the House of Commons, that they agree to the proposition of the Senate, to go into an election for Attorney General at 1£ o'clock, P. M., and appoint Messrs. Carter and Flemming, committee on their part to superintend said election. The Speaker announced Messrs. Russ and Drake as the committee on the part of the Senate. Mr. Lassiter introduced a bill entitled " A bill regulating the service of Process on the Southern Express Company," which was read first time. A message was received from the House of Commons that they transmit to the Senate a communication from the Public Treasurer with accompanying reports and propose to print said reports, which was agreed to. Also a message that they transmit " Resolutions declaring the offices of Adjutant General, Attorney General and Solici¬ tor of the fourth Judicial Circuit vacant" Resolution in favor of T. E. and C. W. Skinner, Jr.," and "An act amendatory of the law in relation to^ Sheriff's bonds," duly enrolled and signed by the Speaker of the House of Commons and the same were signed by the Speaker of the Senate. Mr. Eure introduced a bill entitled "A bill to authorize and require the Quartermaster of the State to pay commutation money to the soldiers of North Carolina, for boots and shoes," which was read first time. Mr. Lindsay introduced a bill entitled "A hill continuing in force 1st section of an ordinance entitled ' An ordinance concerning the collection of taxes in certain counties' passed the fourth session of the State Convention," which was read first time. Mr, Sharpe introduced a bill entitled " A bill to rate articles 136 SENATE JOURNAL. [Session of prime necessity in the several counties of the State/'1 which was read first time. Mr. Simpson, from the Committee appointed to superin¬ tend the election of Solicitor for the fourth Judicial Circuit, reported that Thomas Settle, received a majority of the whole number cast, and is elected. The order of the day being the " Bill to be entitled 1 Rev¬ enue,'" was taken up, the pending question being on the amendment proposed by Mr. Young. Mr. Murrill moved to amend the amendment by adding thereto as follows t " And, provided further, that slaves who have been removed from the vicinity of the enemy and hired out in the interior or Western part of this State, shall be considered as belonging to refugees and listed by the hirer, which was not agreed to, and the amendment was not adopted. Mr. Wiggins moved to amend Section 60 by striking out in line 2, the word " free," and insert the word " taxable," which was agreed to. Mr. Lindsay moved to strike out the entire section, (60,) but it was not agreed to. Mr. White moved to amend section 62 by inserting in line 4, after the word " and," as follows: " Among which shall be enumerated the nett profits made during the year preceeding the 1st day of April, by all persons, by specula¬ tions in cotton, tobacco* corn, wheat, flour, bacon, or any other article of prime necessity, or on contracts with the Confederate or State Governments, twenty-five per cent on the profits so made, except those who have contracts with the Confederate or State Governments on articles actually bought and manufactured to comply with said contracts. The latter clause was proposed by Mr. Eure and accepted before Mr. Young moved to amend by striking out the words " or on contracts with the Confederate or State Governments," which was not agreed to. Mr. Brown moved to amend by striking out the words u cotton and tobacco," which was not agreed to. 1862-'63.] SENATE JOURNAL. ,137 Mr. Murrill moved to amend by inserting after the iyords " prime necessity," words as follows: " and pay as a tax the whole of the profits over ten per cent.," which was not agreed to. The question recurring on the amendment of Mr. White, he asked for the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative are, Messrs. Adams, of Guilford, Arendell, Bagley, Carroway, Dickson, Dickerson, Ellis, Eure, Eaison, Harris, Lassiter, Outlaw, Sanders, Sharpe, Slaughter, Smith, of Anson, Smith, of Stanly Taylor, of Chatham, Warren and White—20. Those who voted in the negative are, ■ Messrs. Adams, of Davidson, Brown, Copeland, Graham, Holeman, Jarratt, Lindsay, Leitch, Matthews, Murrill, Neal, Powell, Ramsay, Simpson, Smith, of Macon, Whitford, Wiggins, Wooley, Wright and Young—20. The Speaker voted in the negative. So it was not agreed. The Senate now proceeded to vote for Attorney General as follows: For S. H. Rogers—Mr. Speaker, Messrs. Adams, of David¬ son, Adams, of Guilford, Brown, Dickerson, Graham, Jarratt, Leitch, Matthews, Neal, "Ramsay, Russ, Sanders, Sharpe, Shipp, Smith, of Anson, §mith, of Macon, Smith, of Stanly, Taylor, of Chatham, and Wooley—20. For Wm. A. Jenkins—Messrs." Carroway, Copeland, Dick¬ son, Drake, Ellis, Faison, Harris, Holeman, Powell, Simpson, Whitford, White and Young—13. For H. B. Hardy—Messrs. Bagley, Lindsay, Outlaw, Slaughter, Wiggins and Wright—6. For H. A. Gilliam—Messrs. Arendell, Eure, Lassiter and Warren—4. For. Hon. Geo. E. Badger—Mr. Murrill. Mr. Ellis moved to amend section 62 by adding this proviso: " Provided, That nothing contained in this act shall be con¬ strued to apply to any soldier in the military service whose property does not exceed in value the sum of one thousand 138 SENATE JOURNAL. [Sessio11 dollars; " and npon this question he asked for the yeas and nays* and one-fifth agreeing: Those who voted in the affirmative, are, Messrs. Arendell, Brown, Drake, Ellis, Eure, Faison, Har¬ ris, Holeman, Murrill, Sanders, Slaughter, Smith, of Anson, Smith, of Stanly, Taylor, of Chatham, White and Wright—16. Those who voted in the negative, are, Messrs. Adams, of Guilford, Bagley, Carroway, Copeland. Dickson, Dickerson, Graham, Jarratt, Lindsay, Leitch, Mat¬ thews, Neal,Outlaw, Powell, Bamsay,Simpson, Sharpe, Shipp, Smith, of Macon, Warren, Whitford, Wiggins, Wooley and Young—24. So the motion did not prevail. Mr. Drake, from the Committee to superintend the election of Attorney General, reported that no one having received a majority of the whole number of votes cast, there is no election. Evening Session—Seven o'clock, P. M. Mr. Ramsay moved to strike out of Section 68, of the bill to be entitled "Revenue," the words in parenthesis ("twelve justices being present;") which was agreed to. Mr. Shipp moved that a message be sent to the House of Commons, that the Senate proposet to go into an election for Attorney General forthwith, and it was agreed to. A message was received from the House that they agree to the foregoing proposition, and appoint Messrs. Mann of Pasquotank, and Costner, as the committee on their part, to superintend the election ; and the Speaker announced as the committee on the part of the Senate, Messrs. Shipp and Elllis. The Senate proceeded to vote as follows: For S. II. Rogers.—Mr. Speaker, Messrs. Adams of Da¬ vidson, Adams of Guilford, Arendell, Bagley, Brown, Dick¬ son, Dickerson, Eure, Faison, Jarratt, Lassiter, Leitch, Mat¬ thews, Murrill, Neal, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Smith of Anson, Smith of Macon, Smith of 1862—'63.] SENATE SOURNAL. 139 Stanly, Taylor of Chatham, Taylor of Nash, Warren, Whit- ford, Wooley and Young—31. For Wm. A. Jenkins.—Messrs. Carroway, Ellis, Holeman, Powell, White and Drake—6. For II. B. Haedy.—Messrs. Slaughter and Wiggins—2. Mr. Wiggins moved to amend Section 76 of the bill to be entitled "Revenue," by striking out in line 2 the word " and " and the number " 26," and inserting the word " and " between numbers 24 and 25 in same line ; which was agreed to. Also, to amend Section 78, by striking out the word "three" in line 2, and inserting the word "two;" which was agreed to. i Mr. Sanders moved to amend Section 80, by striking out 1st clause in paragraph 3, to wit: " every marriage license one dollar; which was not agreed to. Mr. Murrill moved to amend 4th paragraph in same sec¬ tion, by striking out words " one quarter of" before the words "one per cent." in line 30; which was agreed to. Mr. Wright moved to amend Section 90, by striking out in line 5 the words " and four per cent." and inserting the words "and five per cent.;" which was not agreed to. Mr. Smith of Macon, moved to amend the 102 Section, by adding.as follows: Provided nothing herein contained shall be construed as repealing existing laws authorizing the ap¬ pointment of tax collectors in certain counties, and all tax collectors so appointed shall be subject to all the provisions of this act, as fully as sheriffs are declared to be; which was agreed to, and the bill, as amended on its second reading, passed. Mr. Shipp from the committee appointed to superintend the election for Attorney General, reported that Sion II. Rogers, Esq., received a majority of the whole number of votes cast, and is elected. A message was received from the House of Commons, that they transmit to the Senate engrossed bills entitled, to wit: "A bill to incorporate the Unacoy and Hiawassee Turn¬ pike Company, in the Counties of Cherokee and Clay," and 140 SENATE JOURNAL. [Session "A bill to be entitled 'An act to provide ways and means for supplying the Treasury.' " The former was read first time, and the latter was also read first time, when Mr. Wiggins moved to suspend the rules; which was agreed to, and the same was read a second time, when on motion of Mr. War¬ ren, its further consideration was postponed until to-morrow, 12 o'clock, for which day and hour it was made the special order. A message was received from the House of Commons, that they transmit the following bills and resolutions duly enrolled and signed by the Speaker of the House, and the same were signed by the Speaker of the Senate, as follows, to wit; An act to construct a Railroad from Dallas in Gaston County, via Lincolnton, to Newton in Catawba County; Resolution in favor of S. S. Hicks ; An act to amend the charter of the Atlantic, Tennessee and Ohio Railroad; An act to amend the charter of the Bank of Lexington and establish the Bank of Graham; An act to amend an act entitled " Militia Bill, ratified the 20th day of September, 1861;" An act for the benefit of Justices of the Peace, refu¬ gees from their Counties; An act to amend the 9th and 12th sections of chapter 101, of the Revised Code, entitled "Roads, Ferries and Bridges;" Resolution on printing the Inaugural Address of his Ex¬ cellency, the Governor; An act to change the place of comparing the polls in the 44th Senatorial District; An act to prohibit the distillation of spirituous liquors ; An act to amend the charter of the Cheraw and Coal¬ fields' Railroad Company, as amended by an ordinance of the Convention; Resolution in favor of Solomon Pool; An act supplementary to an act passed at the present session of the General Assembly and ratified on the 9th day 1862-63.] SENATE JOtfRNAt. 141 of December, 1862, entitled an act to amend tbe ordinance of the Convention entitled " An ordinance to make some pro¬ vision for the families of soldiers dying in the service, ratified the 22d day of February, 1862, and for other purposes An act to amend an act ratified the 2oth day of February, 1861, entitled, "An act to incorporate the Bank of Western North-Carolina;" An act to establish the Bank of Lincolnton \ An act to provide for the better management and repair of the Western Turnpike Road, and rebuilding and repairing certain bridges on the same ; Resolution instructing our Senators and requesting our Representatives in Congress to urge a repeal of certain clauses of the Military Exemption Act of the Confederate Congress ; An act to allow further time for the registration of grants, conveyances and other instruments. Also, a message, that they transmit an engrossed bill, en¬ titled, " A bill to raise ten thousand volunteers for the de¬ fence of the State," which was read first time. The following engrossed bills were read first time, to wit: " A bill authorizing the President and Directors of the Li¬ terary Fund of North Carolina, to elect a Treasurer," which was referred to the Committee on Education, on motion of Mr. Outlaw ; and " A bill to admit proof of the hand writ¬ ing of attesting witnesses in certain cases," which was refer¬ red to the Committee on the Judiciary, on motion, also of Mr. Outlaw. Mr. Wright for the Committee on the Judiciary, reported upon the bill entitled, " A bill for the relief of persons who have over paid, or who may hereafter, over pay, taxes, and recommended that it do not pass. Mr. Warren, from the same Committee, reported upon the bill entitled, " A bill to perfect certain grantd in favor of Wm. and Peyton Colvard," and recommended that it do pass. Mr. Warren moved to suspend the rules, which was agreed to , and said bill was read a second and third times, and 142 SENATE JOURNAL. [Session Mr. "Wright moved to take up the resolutions reported by him from the Joint Select Committee on the message of His Excellency, the Governor, relating to the seizure of Railroad Iron, &c.; and said resolutions were read and amended, by adding the words at the end of resolution 2d, " it being the property of the State," and adopted. The engrossed bill entitled, " A bill in reference to work houses," was read a third time and rejected. The engrossed resolution's entitled, " Resolutions on the ' Roll of Honor" and engrossed bill entitled, "A bill to alter the time of holding the Superior Courts of Law and Equity in the 6th Judicial Circuit," were read a second time and passed. The hour of 9^ o'clock, having arrived, the Senate adjourn¬ ed until to-morrow, 10 o'clock A. M. THURSDAY, December 38, 1862. The following bills and resolutions duly enrolled and re¬ ported to the Senate, were transmitted to the House of Com¬ mons, to wit: An act to incorporate the Swift Island Gold Mining Com- pany ; An act in relation to the Richmond Manufacturing Com¬ pany ; An act to amend the Charter of the Western Plankroad ; An act to incorporate the Macon Leather Company, in the town of Macon; Resolution in favor of Benj. Fitzrandolph; Resolution in favor of John Blaylock ; Resolution in favor of Joseph Welch; and the same having been signed by the Speaker of the House of Commons, were returned, and signed by the Speaker of the Senate. Mr. Russ presented a memorial from sundry citizens of Common School District, of Wake County, No. 65, which 1862-'63.] SENATE JOURNAL. 143 was referred, on liis motion, to the Committee on Proposi¬ tions and Grievances. Mr. Lassiter, from the Committee on Propositions and Grievances, reported upon the bill entitled, "A bill in rela¬ tion to the Justices of Johnson County," and recommended amendment thereto; also, reported back the bill entitled, u A bill to continue in force the Ordinance of the Conven¬ tion providing for an increase of the salaries of the Comptrol¬ ler and Secretary of State, passed and ratified the 9th day of May, A. D., 1862," and asked to be discharged from its fur¬ ther consideration ; and the committee were discharged ac¬ cordingly. Mr. Wright, from the Joint Select Committee, to whom was referred the bill entitled, " A bill for the relief of per¬ sons in custody, not in the military service," reported upon the same, and recommended an amendment thereto. Mr. Wiggins, from the committee on Finance, reported back the resolutions, entitled, " Resolutions relating to the currency," and asked to be discharged from their further con¬ sideration, and the committee were so discharged. The engrossed bill entitled, "A bill to amend the 1st, 12th and 23rd Sections of Chapter IT of the Acts of 1860-'61 and the bill entitled, "A bill for the relief of such persons as may suffer from the burning of the court house and records of Hertford county," were sent to the House of Commons for their action ; also, " Resolutions protesting against the seiz¬ ure of Iron by the Confederate Government, belonging to the State of North Carolina, and now in possession of Wil¬ mington, Charlotte and Rutherford Railroad Company." Mr. Ramsay, from the Committee on Claims, reported upon the following bills and resolutions, recommending their passage, to wit: A resolution in favor of M. L. Brittain; Resolution in favor of Capt. J. S. Ives; A bill to allow M. L. F. Redd, late Sheriff of Onslow county, to collect taxes due him; 144 SENATE JOURNAL [Session A bill in favor of Thomas J. Carr, late Sheriff of Duplin county ; also, upon Resolution in favor of T. H. Hill, recommending that it do not pass; Resolution in favor of Vm. Kornegay, ashing to be dis¬ charged from its further consideration, and discharged accord¬ ingly ; and upon A bill authorizing the Public Treasurer to re-pay the bounty money refunded or withheld from men discharged Under the Conscript Act of April 21, 1862, asking that it be referred to the Committee on Propositions and Grievances ; and it was so referred. Mr. White presented a memorial from sundry citizens of Gaston county, and introduced a bill entitled " A bill to incorporate the town of Dallas, in the county of Gaston,'1 which was read first time and referred with said memorial, on his motion, to the Committee on Corporations. Mr. Slaughter introduced a resolution instructing the Joint Committee on Military Affairs to report a bill to provide for the pay of Militia Officers, who act as enrolling officers for the Confederate States in taking up conscripts and deserters* Adopted. Mr. Eaison introduced a resolution entitled " Resolution in favor of G. W. Crumpler, late Sheriff of Sampson," which was read first time, and referred, on his motion, to the Com¬ mittee on Propositions and Grievances. On motion of Mr. Warren, "Resolution in favor of Capt, J. S. Ives " was taken up and read second time and passed, when the rules were suspended, and the same was read a third time and passed. On motion of Mr. Sharpe, the engrossed bill entitled " A bill to alter the time of holding the Superior Courts of Law and Equity in the Sixth Judicial Circuit," was taken up and read third time, and the bill passed, and is ordered to be en¬ rolled. Mr. Graham moved to take up the resolution entitled " Resolution in relation to the seizure and transportation from SENATE JOURNAL. 145 the State of R. J. Graves, a citizen of Orange -county," which was agreed to, and said resolution was ,read and the question being on the adoption thereof, Mr. Ramsay asked for the yeas and nays ; one-fifth agreeing •: Those who voted in the affirmative, are, Messrs. Adams, of Davidson, Adams,-of Guilford, Arendell, Bagley, Brown, Carroway, Copeland, Dickson, Dickerson, Drake, Ellis, Eure, Faison, Graham, Harris, Hoi em an, Jarratt, Lassiter, Leitch, Matthews, Murrill, Neill, Outlaw, Powell, Ramsay, Russ, Simpson, Sharp, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chat¬ ham, Taylor, of Nash, "Warren, Whitford, Wiggins, Wooley, Wright and Young—41. So the resolution was unanimously adopted. On motion of Mr. Warren, the engrossed bill entitled "A bill to provide for the probate of wills, and granting letters of administration when the county of the residence of the testators, or intestates is in the hands of the enemy," was taken up and read a second time. Mr. Lassiter.moved to amend by adding to Section 1, as follows: " Provided, That the County Court of the County where any executor or executrix may have his or her actual residence, shall have full power to take probate of wills and grant all orders necessary to the due execution of the same," and the amendment was adopted, the bill as amended passed, the rules were suspended, and it was read a second and third time and passed. Mr. Graham moved that a message be sent to the House of Commons that the Senate" proposes to go into an election for nine Trustees of the University at 8-§- o'clock, which motion was laid on the table, on motion o'f Mr. Brown. Mr. Shipp, from the Joint Select Committee on the Mes¬ sage of the Governor, in relation to salt, &c., reported a bill entitled " A bill in relation to the supply of salt," which was read first time, when, on motion of Mr. Smith, of Macon, the rules were suspended, and the same was read a second and third time and passsed. 10 U6 SENATE JOURNAL. [Session Mr. Leitch moved to reconsider the vote by which the foregoing bill passed, and to lay that motion on the table, which was agreed to. The order of the day being " A bill to be entitled ' An act to provide ways and means for supplying the Treasury,'" was read a second time. Mr. Adams, of Guilford, moved to amend by striking out, at the end of Section 1, the number " 1866," and inserting number "1870," which was not agreed to, and the bill passed. On motion of Mr. Graham, the rules were suspended, and said bill wasread a third time and passed. A message was received from the House of Commons that they propose to go into an election for nine Trustees of the University, at 1 o'clock to-day, and ask the concurrence of the Senate. Mr. Brown moved to lay on the table and it was agreed to. The bill to be entitled " Revenue " was read a third time. Mr. Graham moved to strike out paragraph 2 of Section 1, and insert the words of the paragraph of the bill as recom¬ mended by the Committee on Finance. On this question Mr. Murrill called for a division of the question, and the vote being upon the question " to strike out paragraph 2 as amended," Mr. Outlaw asked for the yeas and nays, and one-iifth agreeing : Those who voted in the affirmative are, Messrs. Dickerson, Drake, Graham, Holeman, Jarratt, Matthews, Neal, Ramsay, Simpson, Sliarpe, Smith, of Macon, and Taylor, of Chatham.—12. Those who voted in the negative are, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Bagley, Brown, Carroway, Copeland, Dickson, Ellis, Eure, Faison, Harris, Lassiter, Leitch, Murrill, Outlaw, Russ, Shipp, Slaughter, Smith, of Anson, Smith, of Stanly, Taylor, of Nash, Warren, Whitford, White, Wiggins, Wooley, Wright and Young—29. So the Senate refused to strike out. 1862~'63.] SENATE JOURNAL. 147 Mr. Adams, of Guilford, moved to amend the 4th para¬ graph of section 1, by adding this proviso, to wit: "Provided, That no Stockholder shall be required to give in stock which has paid no dividend the previous year." It was not agreed to. Mr. Young moved to amend section 58, by adding this proviso r "Provided, that the provisions of this act shall not apply to owners of slaves, who have permanently located said slaves beyond the limits of the State, and hire them from year to year in other States; " which was agreed to. Mr. Arendell moved to amend section 2, Jby adding thereto these words, to wit: " and boats, canoes, nets or seines, of the value of one hundred dollars or less;" which was agreed to. Mr. Murrill moved to amend by striking out "one hundred dollars " in section 52, paragraph 15; which was not agreed to. Mr. Slaughter moved to amend said paragraph, 15, by inserting after the word " deceased," in line 105, the words "not being a resident of the State; " which was not agreed to, and Mr. Slaughter then moved to strike out said para-, grah, and it was not agreed to. Mr. Wiggins moved to strike out from section 62, all after the word " taxables," in line 6; which was not agreed to. Mr. Wiggins also moved to strike out number " 62," in line 3, of section 63, and the same number "62," in section t>4, line 2, and the same was Agreed to. Evening Session—Seven o'clock, P. 21. Mr. Murrill moved to amend section 69, of the bill to be entitled, "Revenue," by adding paragraph 28, to wit: "Eve¬ ry person who has bought and sold for speculation any corn, pork, bacon, rice, flour, wheat, potatoes, or any other article of prime necessity, a tax of the whole of his profits made on such articles, over twenty-five per cent.," and on this amend¬ ment asked the yeas and nays, and one-fifth agreeing: 148 SENATE JOURNAL. [Session Those who voted in the affirmative are, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Bagley, Carraway, Dickson, Ellis, Faison, Harriss, Murrill, Sharpe, Smithj of Anson, Taylor, of Chatham, Whitford and W ooley—15. Those who voted in the negative are, Messrs. Brown, Dickerson, Graham, Holeman, Jarratt, Lassiter, Leitch, Matthews, Neal, Ramsay, Simpson, Shipp, Smith, of Macon, Smith, of Stanly, "Wiggins, Wright and Yonng—17. So the amendment was not adopted. Mr. Bagley moved to amend section 63, paragraph 11, by striking out in line-63, the word " two'' and inserting ''five,'" and upon this question asked the yeas and nays, and one-fifth agreeing: Those who voted in the affirmation are, Messrs. Bagley, Copeland, Faison, Harris, Holeman, Mat¬ thews, Slaughter, Warren and Wooley—9. Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Brown, Carroway, Dickson, Dickerson, Ellis, Graham, Jar¬ ratt, Lassiter, Leitch, Murrill, Neal, Ramsay, Russ, Simpson, Sharpe, Shipp, Smith of Anson, Smith of Macon, Smith of Stanly, Taylor of Chatham, Whitford, White, Wiggins, Wright and Young—28. So the amendment was not adopted. Mr. Slaughter moved to insert before the word "dogs" in section 52, paragraph 11, the words " sheep killing," and it was not. agreed to. Mr. Holeman moved to amend as follows: Provided, that said dogs shall be taxed in classes, to wit: "Lap dogs and rat terriers shall be taxed one dollar, pointers and setters two dollars, each cur and bull three dollars, and hounds fifty cents each," and it was not agreed to. And the bill passed. A message was received from the House of Commons, that they transmit to the Senate engrossed bills and resolutions, entitled as follows, to wit: 1862—'63.] SENATE JOURNAL. 149 " Resolution in relation to the exchange of salt " Resolution in favor of Drury King; and " Resolution in favor of Rufus Galloway and his sureties ;5' which were read first time, and the latter resolution, the rules having been suspended, on motion of Mr. Ellis, was read a second and third times and passed. " A bill to alter the times of holding the Superior Courts of Law and Equity in the sixth Judicial Circuit; which was read first time and laid on the table. " A bill to amend an act entitled ' An act for the relief of the Banks and the people" " A bill concerning the county of Mitchell " A bill in favor of J. H. Allen t " " A bill to enable the incorporated towns of this State to lay additional taxes and " A bill to amend an act of the second extra session of the General Assembly, chapter 5, entitled 'An act to enlarge the powers of the County Courts for raising revenue for county purposes.'" Mr. Smith of Macon, moved to re-consider the vote by which the bill to be entitled "Revenue" was passed, and to lay that motion on the table, and it was so agreed. Mr. Smith of Macon, also moved that a message be sent to the House of Commons, that the Senate proposes to go into an election for five Directors of the Insane Asylum; which was not agreed to. Mr. Graham gave notice that on to-morrow he would move to rescind the resolution adopted in relation to adjournment, and introduce another in relation thereto. Mr. Young moved to re-consider the vote by which was passed the resolutions relating to the seizure of Railroad Iron belonging to the State, and now in possession of the Wil¬ mington, Charlotte, & Rutherford Railroad Company; and upon this question asked for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative, are, Messrs. Adams, of Guilford, Arendell, Brown, Dickson, Pickerson, Ellis, Eure, Faison, Harris, Holeman, Murrill, 150 SENATE JOURNAL. [Session Ramsay, Simpson, Sharpe, Smith, of Stanly, Whitford and Young—17. Those who voted in the negative, are, Messrs. Adams, of Davidson, Carroway, Graham, Jarratt, Lassiter, Leitch, Matthews, Neal, Russ, Shipp, Slaughter, Smith, of Macon, Taylor, of Chatham, "Warren, Wiggins, Wooley and Wright—18. So the motion did not prevail. The bill entitled " A bill in reference to the county ot Johnston," was read-a second time, and the amendment, as a substitute, recommended by the Committee on Propositions and Grievances, was adopted, to writ: strike out all after en¬ acting clause and insert as follows: " That it shall and may be lawful hereafter, when a majority of the Justices of the Peace of any county in the State of North Carolina can not be obtained, that one-third of the whole number in any county shall be authorized and empowered to transact all county business, which now by law requires a majority of the whole number," and the bill as amended passed. The bill entitled "A bill for the relief of persons in custody, not in the military service," was read a second time, and this amendment recommended by the Committee, to wit: Pill the first blank in sec. 1 with " one thousand dollars " and add " or may be imprisoned at the discretion ox the Court," was adopted. Mr. Warren moved to amend sec. 2, by inserting in line 3. words affidavit of," before the words " the Sheriff; " which was agreed to. Mr. Warren also moved to fill the blank at the end of sec¬ tion 1st with five hundred dollars, pending which motion, and after some discussion, the hour of 9^ o'clock arrived, and the Senate adjourned until 10 o'clock A. M. to-morrow. FRIDAY, December 19, 1862. Prayer by Rev. Mr. Hardie. Mr. Graham introduced a resolution authorizing " the Chief 1862-^3.] SENATE JOUENAX, 151 ■Clerk to employ such additional Clerks as may be necessary to engross the bill to be entitled ' Eevenue,' passed by the Senate, as early as practicable; " which was adopted. A bill and a resolution engrossed, entitled "A bill in rela¬ tion to the supply of Salt," and " Eesolution in relation to the seizure and transportation from the State of E. J. Graves, a citizens of Orange county," were sent to the House of Commons for their action; also, the following bills and reso¬ lutions reported to tne Senate as duly enrolled, were sent to the House, and subsequently i*eturned, signed by the Speaker of the House of Commons, and were signed by the Speaker of the Senate, to wit: Eesolution to employ free persons of color on fortifications; An act to perfect certain grants in favor of "William and Peyton Colvard; An act to incorporate the Presbyterian Publishing and Printing Company, in the town of Fayetteville; An act to alter the line between Jackson and Transylvania Counties, and an act for the relief of our sick and woupded soldiers. Mr. Arendell, from the Committee on Corporations, report¬ ed upon the bill entitled, "A bill to incorporate the Town of Dallas, in the County of Gaston," and recommended that it do pass. On motion of Mr. Euss, the resolution entitled, " Eesolu¬ tion in favor of T. H. Hill," was taken up and read a second time and passed ; and the rules were suspended, when it was read a third time and passed. Mr. Graham introduced resolutions as follows: Resolved, by the Senate and House of Commons, That the present session of*the General Assembly shall terminate on Wednesday the 21th of December, inst., at 3 o'clock P. M.; and that the General Assembly*will convene again on the 1st Monday of August next. Resolved further, That the resolution heretofore passed, directing the speakers of the Senate and House of Commons to adjourn their several Houses, at 5 o'clock, A. M., on Mon- 152 SENATE JOURNAL. [Session day the 22d inst, to meet again on the 19 th day of January next, be, and the same is hereby rescinded. Mr. Outlaw moved to lay the resolutions on the table, and asked on that question the yeas and nays, and one-fifth agreeing, Those who voted in the affirmative, are : Messrs. Arendell, Bagley, Carroway, Dickson, Dickerson, Ellis, Eure, Faison, Harris, Lindsay, Matthews, Outlaw, Ramsay, Sharpe, Slaughter, Smith, of Anson, Taylor, of Chat¬ ham, Warren, Whitford, Wiggins and Wooley,—21. Those who voted in the negative, are : Messrs. Adams, of Davidson, Adams of Guilford, Brown, Drake, Graham, Holeman, Jarratt, Lassiter, Leitch, Murrill, Neal, Patrick, Russ, Simpson, Shipp, Smith, of Macon, White, Wright and Young,—19. So the resolutions were laid on the table. Mr. Lassiter, from the Committee -on Propositions and Grievances, reported upon the resolution entitled, " Resolu¬ tion in favor of G. W. Grumpier, late Sheriff of Sampson," recommending its passage; and, on motion of Mr. Faison, said resolution was taken up and read a second time and pass¬ ed, and upon a suspension of the rules, read a third time and passed, Mr. Outlaw moved to amend the rule in relation to the time of meeting and adjournment of the Senate, by striking out "7 o'clock, P. M., and 9£ o'clock, P. M.," which was not agreed to. Mr. Ramsay, introduced a resolution as* follows, to wit: " The Senate shall meet at 10 o'clock A. M., and sit until 2 o'clock, P. M., and shall take a recess from that time until 7 o'clock, P. M., from which time, it shall gft until 9^ o'clock, P. M., and the Speaker shall convene and adjourn the Senate accordingly: Provided, that a majority of the Senate may order an adjournment at any time between the hours desig¬ nated. And, Provided further, that the session shall not be prolonged beyond the hours of 2 and 9f o'clock, P. M., un¬ less by a vote of two-thirds of those present," 1862-'63.] SENATE JOURNAL. 153 The resolution was adopted. A message was received from the House of Commons that they have passed the engrossed resolution entitled, " Resolu¬ tion protesting against the seizure of iron, by the Confederate States' Government, belonging to the State of North Caroli¬ na, and now in the possession of the Wilmington, Charlotte and Rutherford Railroad Company," with an amendment, to wit: Insert at the end of the 2d resolution as follows : " But, while we deny the right, at the same time in case it shall, in the opinion of the Governor, be necessary for the public de¬ fence, to use the iron, we hereby authorize the Governor to deliver the same to the Confederate Government, either upon the condition, that it shall be returned in kind, or reasonable compensation made in money, as may be agreed upon between them." The amendment was agreed to and the bill ordered to be enrolled. Mr. Warren, from the Judiciary Committee, reported upon' the bill entitled " A bill to admit proof of the hand-writing of attending witnesses in certain cases," and recommended that it do pass. Mr. Ramsay, from the Committee on Claims, reported upon the engrossed resolution entitled " Resolution to refurid Harnett County, money expended for Col. Alex. Murchison's Cavalry Company," and recommended an amendment thereto. On motion of Mr. Ramsay, the bill entitled " A bill for the support of the Insane Asylum " was taken up and read second time. The question being on the amendment thereto, Mr. Sharpe moved to amend the amendment by striking out the words " sixty-two thousand and live hundred dollars," and inser¬ ting " seventy-five thousand dollars," which was not agreed to, and the amendment was adopted as follows, to wit: Strike out all after the enacting clause and insert as follows, to wit: That for the purpose of supporting and maintaining the Insane Asy¬ lum for the years 1863 and 1864, and for the further purpose of indemnifying the Treasurer of the State for the sum of four- 154 SENATE JOURNAL. [Session teen thousand and five hundred dollars drawn from the Treas¬ ury over and above the araonnt appropriated by law for the years 1861 and 1862; the sum of one hundred and thirty- nine thousand and five hundred dollars is hereby appropriated. Sec. 2, Be it further enacted, That the Treasurer of the State be, and he is hereby authorized and required to pay to •the order of the Executive Committee for the Insane Asylum, from time to time, for the support of the Asylum, for the years 1S63 and 1864 so much of the sum of one hundred and twenty-five thousand dollars as may be necessary; Provided, the aggregate amount for each year shall not exceed the sum of sixty-two thousand five hundred dollars, ($62,500.) Sec. 3, Be it further enacted, That this act shall be in full force and effect from and after its ratification. The bill as amended passed, and the rules were suspended when it was read a third time and passed. Leave of absence was granted to Mr. Wright for to-morrow, on motion of Mr. "Warren; and also to Mr. Sanders indefi¬ nitely, on motion of Mr. Graham. The bill entitled "A bill for the relief of persons in custody, not in the military service," was taken up, when Mr. Warren's pending motion to fill the blank in section 1 the end thereof with the woids "five hudred dollars," was agreed to. A message was received from the House of Commons, that they propose to the Senate to postpone the appointment of Justices of the Peace until the 20th day of January, 1863, which was agreed to ; also a message that they propose to go forthwith into an election for Adjutant General, and that Messrs. R. II. Cowan, John Randolph, D. G. Eowle, C. P. Bryson, R. C. Duvall and W. E. Mann are in nomination therefor. Mr. Graham moved to lay on the table and asked for the yeas and nays upon this question, and one-fifth agreeing: Those who voted in the affirmative are: Messrs. Adams of Davidson, Adams of Guilford, ArendelL Brown, Graham, Iloleman, Jarratt, Lassiter, Leitch, Mat¬ thews, Neal, Ramsay, Rnss, Simpson, Sharpe, Shipp, Smith 1862-'63.] SENATE JOURNAL. 155 of Anson, Smith of Macon, "Warren, Wooley, Wright and Young—22. Those who voted in the negative are : Messrs. Bagley, Carroway, Copeland, Dickson, Drake, Ellis, Eure, Faison, Harris, Lindsay, Mnrrill, Outlaw, Patrick, Slaughter, Taylor, of Nash, Whitford, White and Wiggins—18. So the proposition was laid on the table. Mr. Graham moved to send a message to the House of Commons that the Senate proposes to rescind the joint rule so far as it relates to the engrossing, &c., of the Revenue Bill, which was agreed to. A message was received from the House, that they con¬ cur in the foregoing proposition of the Senate; also, a mes¬ sage that they disagree to the amendment made by the Sen¬ ate to the engrossed House bill entitled " A bill in relation to the Justices of Johnston county." Mr. Warren moved to amend the bill entitled "A bill for the relief of persons in custody not in the military service," by inserting in section 2, line 11, after word '* shall," the words " unless good cause be shown ;" which was agreed to. Mr. Eure moved to amend as follows, to wit: Strike out all after the enacting clause and insert as follows: That the Governor be and he is hereby authorized to employ counsel learned in the law, to proceed to the place or places of im¬ prisonment of any citizen or citizens of this State, who is or may be detained and imprisoned under any arrest made, or which may be made by the military authorities of the Con¬ federate States, or of the State, to the end that the cause of the arrest and detention may be investigated, and to institute such proceedings in behalf of such citizen or citizens, as he shall think proper, so that if they be innocent, of the charges preferred, they may be acquitted; or, if guilty, be convicted and punished according to law. Sec. 2. Be it further enacted, That this act shall take effect and be in force from and after its ratification. Mr. Ramsay introduced a resolution, entitled " Resolution 156 SENATE JOURNAL. [Session calling upon the Public Treasurer for information ;" which was read and adopted. A message was received from the House of Commons, that they propose to the Senate to go forthwith into an election for Adjutant General. On motion of Mr. Graham, the proposition was laid on the table. Also a message from the House, that they ask the concur¬ rence of the Senate in a proposition to go into an election for live Directors of the Insane Asylum, immediately. On motion of Mr. Ramsay, the proposition was laid on the table. Mr. Ramsay moved to send a message to the House oi Commons, that the Senate proposes to go into an election for live Directors of the Insane Asylum at S o'clock, P. Al.; which was agreed to. And a message was received from the House, that they concur in the foregoing proposition. Mr. Graham moved to lay on the table the bill entitled, u A bill for the relief of persons in custody, not in the military service," under consideration, and Mr. Warren asked the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative are, Messrs. Carroway, Copeland, Dickson, Ellis, Faison, Gra¬ ham, Harriss, Holeman, Murrill, Outlaw, Simpson, Shipp, Smith, of Anson, Taylor, of Nash, Whitford, Wiggins and Wooley—17. Those who voted in the negative are, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Tlagley, Brown, Drake, Eure, Jarratt, Lassiter, Leitch, Mat¬ thews, Neal, Patrick, Ramsay, Russ, Sharpe, Slaugh¬ ter, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, White, Wright and Young—24. So the motion did not prevail, and the Senate took a recess until 7 o'clock, P. M. 1862-63.] SENATE JOURNAL. Ul Evening Session—Seven o'clock, P. M. A message was sent to the House of Commons, that the Senate transmits for their action an engrossed resolution, en¬ titled " Resolution in favor of G. W. Crumpler,- late Sheriff of the County of Sampson," and the engrossed bill entitled 4< A bill to be entitled * Revenue.''' The question being on Mr. Eure's amendment proposed to the bill for the relief of persons in custody, not in the milita¬ ry service, Mr. Young moved to reconsider the vote by which the Senate refused to lay on the table said bill; which was not agreed to. Mr. Arendell called for a division of the question, and upon the part to strike out all of the original bill except the enact¬ ing clause, Mr. "Warren asked for the yeas and nays, and one- fifth agreeing: Those who voted In the affirmative, are, Messrs. Arendell, Brown, Carroway, Copeland, Dickson, Dickerson, Drake, Ellis Eure, Graham, Harris, Murrill, Out¬ law, Simpson, Shipp, Taylor, of Nash, Warren, Whitford, White, Wiggins, Wooley and Young—22. Those who voted in the negative, are, Messrs. Adams, of Davidson, Jarratt, Lassiter, Leitch, Neal, Patrick, Ramsay, Russ, Sanders Sharpe, Slaughter Taylor, of Chatham, and Wright—13. So the Senate agreed to strike out. Mr. Warren moved to postpone the further consideration of the bill until to-morrow morning 11 o'clock; and Mr. Out¬ law moved to amend by striking out words " to-morrow morning 11 o'clock," and inserting words " 22nd January, .1863." Upon this question Mr. Warren asked for the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative, are, Messrs. Dickson, Drake, Ellis, Faison, Graham, Harris, Holeman, Murrill, Outlaw, Smith, of Anson, Taylor, of Nash, Whitford, White, Wiggins and Young—15. Those who voted in the negative, are, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, 158 SENATE JOUBNAL. [Session? Bagley,Brown, Carroway, Copeland, Dickerson, Eure, Jarratt, Lassiter, Leitch, Lindsay, Neal, Patrick, Bamsay, Buss, San¬ ders, Simpson, Sharpe, Slaughter, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, Wooley and Wright—27. So the amendment was not agreed to. The motion to postpone was withdrawn by Mr. Warren. The question being on inserting the amendment of Mr, Eure, Mr. Arendell asked for the yeas and nays, when a message from the House of Commons was received that the hour having arrived for the election of five Directors of the- Insane Asylum, they would proceed to vote upon the return of the messenger, and Messrs. Avera and Brem were the Committee to superintend the election on their part. The Speaker announced Messrs. Bamsay and Copeland as the Committee on the part of the Senate, and the Senate pro¬ ceeded to vote as follows : 1 For Dr. Ellis Malone.—Mr. Speaker, Messrs. Adams, of Davidson,7Adams, of Guilford, Arendell, Brown, Carroway, Drake, Ellis, Eure, Graham, Lassiter, Murrill, Outlaw, Pat¬ rick, Buss, Sanders, Simpson, Sharpe, Slaughter, Smith, of Anson, Taylor, of Chatham, Taylor, of Nash, Warren, Wooley and Wright—25. For J. E. Williamson.—Mr. Speaker, Messrs. Adams, of Da¬ vidson, Adams of Guilford, Brown, Carroway, Copeland, Dick¬ son, Dickerson, Ellis, Eure, Faison, Graham, Jarratt, Lassiter, Leitch, Murrill, Neal, Outlaw, Patrick, Bamsay, Buss, Sharpe, Shipp, Slaughter, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, Whitford, White, Wiggins, Wooley, Wright and Young—31. For Peter F. Pescud.—Mr. Speaker, Messrs. Adams, of Davidson, Adams, of Guilford, Brown, Carroway, Copeland, Dickson, Dickerson, Drake, Eure, Faison, Jarratt, Lassiter, Leitch, Neal, Patrick, Bamsay, Buss, Simpson, Sharpe, Shipp, Slaughter, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, Whitford, White, Wiggins, Wooley, Wright and Young—32. For Be v. C. Shaw.—Mr. Speaker, Messrs. Adams, of Da- lS62-'63.] SENATE JOURNAL. 159 vidson, Adams of Guilford, Brown, Carroway, Copeland, Dickson, Dickerson, Drake, Ellis, Eure, Faison, Graham, Jar- ratt, Lassiter, Leitch, Murrill, Neal, Outiaw, Patrick, Ram¬ say, Russ, Simpson, Sharpe, Shipp, Slaughter, Smith, of Ma¬ con, Smith, of Stanly, Taylor, of Chatham, Warren, Whit- ford, Wooley, Wright ahd Young—31. For Dr. Chas. E. Johnson.—Messrs. Adams, of David¬ son, Adams, of Guilford, Arendell, Brown, Carroway, Cope- land, Dickson, Dickerson, Ellis, Eure, Faison, Graham, Jar- jratt, Leitch, Murrill, Neal, Outlaw, Ramsay, Sanders, Simp¬ son, Shipp, Smith, of Anson, Smith of Macon, Smith, of Stan¬ ly, Whitford," White, Wiggins and Young—28. For J. A. Leak.—Mr. Speaker, Messrs. Adams, of David¬ son, Copeland, Dickson, Dickerson, Drake, Graham, Harris, Jarratt, Lassiter, Leitch, Neal, Outlaw, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith'of Stanly, Taylor, of Chatham, Warren, White, Wiggins, Wooley, Wright and Young—31. For J. G. King.—Messrs. Ellis, Faison, Harris, Taylor, of Nash and Whitford—5. For Kemp P. Bettle.—Messrs. Harris, Murrill and Tay¬ lor, of Nash—3. For A. M. Lewis.—Messrs. Harris and Taylor, of Nash.—2. For Carter B. Harrison.—Messrs. Harriss and Taylor, of Nash—2. For Jas. T. Leach.—Messrs. Sanders and Smith, of An¬ son —2. For H. S. Smith.—Messrs. Sanders and Smith, of An¬ son—2. For John B. Williams.—Messrs. White and Wiggins—2. For Dr. Jas. L. Manney.—Mr. Arendell—1. For Dr. Isaac W. Hughes.—Mr. Arendell—1. For Rev. Dr. W. Closs.—Mr. Arendell—1. For Charles Skinner.—Mr. Drake—1. The question recurring on the amendment proposed by Mr. Eure to the bill for the relief of persons in custody, not in 160 SENATE JOURNAL. [Session military service, Mr. Warren moved to postpone until to¬ morrow, 10 o'clock, and it was agreed to. Mr. Outlaw moved to adjourn, but it was not agreed to. A message was received from the House of Commons that they transmit certain engrossed bills and resolutions for the action of the Senate]! to wit: A resolution in relation to the bills, &c., of this session of the Legislature, which was adopted. A bill to amend the 46th chapter of the Revised Code, 18th section. A bill for the relief of W. E. Mann, late Sheriff of Pasquo¬ tank County. Resolution in relation to prisoners confined in Salisbury, which was read first time. The engrossed resolution entitled " Resolution to pay expen¬ ses of Commissioners to Richmond," was read second time and passed, when, on motion of Mr. Taylor of Chatham, the the rules were suspended and the same was read a third time and passed. The bill entitled " A bill continuing in force the 1st section of an ordinance entitled ' an ordinance concerning the collec¬ tion of taxes in certain counties, passed at the fourth session of the Convention,'" was read a second time and passed, when, on motion of Mr. Lindsay, the rules were suspended and the same was read a third time and passed. The engrossed bill entitled " A bill to repeal the first sec¬ tion of the ordinance of the Convention entitled " An ordi- ,-;;nce to amend an ordinance to secure to certain officers and /Jdiers the right to vote as to elections to fill vacancies in Congress or the General Assembly," was read a second time, and, on motion of Mr. Eure, was laid on the table. A bill entitled " A bill to raise ten thousand volunteers for the defence of the State," was read a second time, when Mr. Young moved to lay it on the table, but the motion did not prevail. And Mr. Lindsay moved to postpone the same until 11 o'clock to-morrow and that it be made the special order for that time, which was agreed to. 1862-63.] SENATE JOURNAL. 161 The engrossed resolutions entitled li Resolutions on the * Roll of Honor,'" were read a third time and passed. A message was received from the House of Commons that they transmit an engrossed bill entitled " A bill to establish the office of Auditor of Public Accounts," which was read first time, and, on motion of Mr. Graham-, the rules were suspended and it was read a second time. Mr. Graham moved to amend by adding an additional section, and the amendment was adopted, to wit? Sec. 4. All claims that may be presented against the State for expenses incurred for arming, equipping, subsistence, and transportion of troops, munitions of war, bounty paid to said troops, either in the Military or Naval service of the State, and other expenses incurred in the public defence, shall be audited and settled by said auditor upon principles of equity and justice, and according to the rules established by the existing board of claims, in similar cases." The bill as amended passed and was read a third time and passed, and sent to the House of Commons for their agreement to the amendment. The bill entitled " A bill concerning the County of Mit¬ chell," was read a second time. Mr. Ramsay from the Committee to superintend the election of Directors for the Insane Asylum, reported that P. F. Pescud, Rev. C. Shaw, James A. Leak, Dr. J. C. Wil¬ liamson and Dr. Chas. E. Johnston, having received a majority of the whole number of votes cast, are elected. And the Senate adjourned until 10 o'clock, to-morrow. SATURDAY, December 20,1862. On motion of Mr. Ramsay a message was sent to the House of Commons that the Senate proposes to rescind, during the remaining part of the present session, the Joint Rules of the two Houses, No. 5; and a message was received from the House that they agree to said proposition. Also, a message was received from the House that they 11 162 SENATE JOUENAL. [Session agree to the amendment made by the Senate to the engrossed bill entitled " A bill to establish the office of Auditor of Pub¬ lic Accounts," and said bill was enrolled and signed first by the Speaker of the House of Commons and then by the Speaker of the Senate. On motion of Mr.Warren, the further consideration of the bill entitled " A bill for the relief of persons in custody, not in the military service," was postponed until 20th January, 1863. Mr. Arendell, from the Joint Standing Committee on the Deaf and Dumb and Blind Asylum, made a report which was received and read and ordered to be printed ; and also reported a bill entitled " A bill concerning the North Caro¬ lina Institution for the Deaf and Dumb and Blind," which was read first time, when on his motion, the rules were sus¬ pended, and said bill was read a second time. Mr. Eamsay moved to amend by striking out the word " board " so often as and wherever it occurs in the bill, which motion was not agreed to, and the bill passed, and was read a third time. Mr. Eamsay moved to amend by adding to section 4 these words, to wit: " Except those pupils who are able to pay for board—tuition being free to all classes." Upon this amendment the yeas and nays were asked, and one-fifth agreeing: Those who voted in the affirmative, are, Messrs. Adams, of Davidson, Bagley, Brown, Carroway, Eure, Faison, Graham, Holeman, Jarratt, Lassiter, Patrick, Eamsay, Euss, Sanders, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Taylor, of Chatham, White, Wright and Young—22. Those who voted in the negative, are, Messrs. Adams, of Guilford, Arendell, Copeland, Dickson, Drake, Ellis, Harris, Leitch, Lindsay, Murrill, Neal, Taylor, of Nash, and Wiggins—13. So the amendment was adopted, and the bill as amended passed, and was sent to the House of Commons. On motion of Mr. Sanders a message was sent to the House XS62-'63,] SENATE JOURNAL. 163 of Commons, that the Senate proposes to go into an election for Auditor-of Public Accounts, at orclock to-day, and.that Samuel F. Phillips, is in nomination therefor ; and Mr. Ellis added to said nomination, Maurice Q. Waddell. Mr. Graham introduced a resolution entitled "A resolution to pay the principal clerks of the Senate and House of Com¬ mons, one hundred dollars each for extra services, over and above the amounts allowed by law, which was read a first time, and the rides having been suspended, was read a se¬ cond and third time and passed, and sent to the House of Com¬ mons for their action. A message was received from the House of Commons, that they transmit an engrossed bill for the action of the Senate, entitled, to wit: " A bill to authorize the Governor to employ slave labor, in erecting fortifications and other works," which was read first time, when, on motion of Mr. "Wiggins, the rules were suspended, and the same was read a second and third times and passed. Mr. Leitch, from the Committee on Education, reported upon the bill entitled, " A bill authorizing the President and Directors of the Literary Fund of North Carolina to elect a Treasurer," and recommended that it do pass. Mr. Taylor, of Chatham, introduced a resolution to pay the Door-keepers of each house, fifty dollars each, as extra com¬ pensation, which was read first time, and upon the suspension of the rules, was read a second and third times and passed : and the same was sent to the House of Commons in pursu¬ ance of resolution suspending Joint Rule, No. 5. A message was received from the House of Commons, that they transmit a communication from the Board of Claims, and propose that the further consideration thereof be post¬ poned until 20th January, 1863, which was agreed to ; and said communication was referred to the Committee on Claims, on motion of Mr. Graham. The bill entitled " A bill for the support of the Insane Asylum," engrossed, was transmitted to the House of Com¬ mons ; and also under the resolution suspending Joint Rule, 164 SENATE JOURNAL. [Sessioti No. 5, was transmitted the bill entitled, " A bill to continue in force 1st section of an Ordinance entitled ' An Ordinance concerning the collection of taxes, in certain counties," pas¬ sed the 4th session of the Convention. A message was received from the House of Commons, that they agree to the proposition to go into an election for Audi¬ tor of Public Accounts, at 1^ o'clock, to-day, and appoint Messrs. Cowles and Love, committee on their part to super¬ intend said election, and that John A. Stanly and Sam'l J. Person, are in nomination therefor. The Speaker announced as the committee to superintend said election, on the part of the Senate, Messrs. Warren and Sharpe. The Senate proceeded to the election of Auditor of Public Accounts j the vote was as follows : For S. F. Phillips.—Mr. Speaker, Messrs. Adams, of Da¬ vidson, Adams, of Guilford, Brown, Eure, Graham, Holeman, Jarratt, Leiteh, Murrill, Neal, Outlaw, Ramsay, Russ, Sand¬ ers, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Taylor, of Nash, Wright and Young—22. For M. Q. Waddell.—Messrs. Carroway, Ellis, Taylor, of Chatham and Wiggins—4. For John A. Stanly.—Messrs. Arendell, Bagley, Lassiter, Patrick, Sharpe and Warren—6. For S. J. Person.—Messrs. Copeland, Dickson, Drake, Faison, Harris, Whitford and White—7. The order of the day being the engrossed bill entitled, " A bill to raise ten thousand volunteers for the defence of the State," was read, and after some discussion, Mr. Copeland moved to postpone until the 22d January, 1863, whereupon Mr. Lindsay asked for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Copeland, Dickson, Drake, Ellis, Faison, Graham, Harris, Holeman, Leitch, Sharpe, Whitford, White, Wright and Young—14. Those who voted in the negative are, 1862—'63.3 SENATE JOURNAL. 165 Messrs. Adams, of Davidson, Adams, of Guilford, Bagley, Brown, Carroway, Eure, Jarratt, Lassiter, Lindsay, Murrill, Neal, Outlaw, Patrick, Ramsay, Russ, Sanders, Shipp, Slaughter, Smith, of Anson, Taylor, of Chatham, Taylor, of Nash, "Warren and Wiggins—23. So the motion did not prevail. Mr. Warren from the committee appointed to superintend, the election for Auditor of Public Accounts, reported that' Samuel F. Phillips received a majority of the whole number of votes cast, and is elected. Mr. Outlaw moved to amend the order of the day by in¬ serting in section 1, at the end of line 7, after words " eigh¬ teen years," words " with the consent and approbation of the President of the Confederate States, as to those between the ages of 18 and 45 years," pending which motion, the Senate took a- recess until 7 o'clock, P. M. Evening Session—Seven o'clock, P. M. The following bills and resolutions having been reported as duly enrolled, were transmitted to the House of Commons, and having been signed by the.Speaker thereof, were returned and signed by the Speaker of the Senate, to wit: Resolutions on the " Roll of Honor;" Resolution in favor of Capt. J. S. Ives ; Resolution in favor of Door-Keepers; Resolution to pay expenses of Commissioners to Richmond; Resolution in relation to the bills of this session of the Leg¬ islature ; 4 Resolution in favor of T. H. Hill; An act to authorize the Governor to employ slave labor in erecting fortifications and other works; An act to provide ways and means for supplying the Treas¬ ury ; An act to alter the time of holding the Superior Courts of Law and Equity in the 6th Judicial Circuit; 168 SENATE JOURNAL. [Session Resolution in favor of Lewis Williamson; Resolution in relation to the seizure and transportation from the State of R. J. Graves, a citizen of Orange County ; Resolution in favor G. W. Grumpier, late Sheriff of Samp¬ son County; Resolution in favor of the Principal Clerks of the House and Senate ; , Resolution protesting against the seizure of iron by the Confederate Government, belonging to tho JState of North- Carolina, and now in possession of the Wilmington, Charlotte and Rutherford Railroad Company; An act in relation to the supply of salt; An act for the support of the Insane Asylum of North-Car¬ olina ; An act concerning the North-Carolina Institution for the Deaf and Dumb and the Blind ; An act for the relief of such persons as may suffer from the burning of the Court House and records of Hertford County ; An act to provide for the probate of wills and granting let¬ ters of administration, when the County of the residence of testators or intestates, is in the possession of the enemy. A message was received from the House of Commons, that they transmit certain bills and resolutions, for the action of the Senate, entitled, to wit: " A bill to incorporate the Silver Lead Mining Company," which was read first time; "Resolution in favor of C. P. Bryson;" which was read first time, when, on motion of Mr. Smith, of Macon, the rules were suspended, and the same was read a second and third times and passed ; » "An act concerning bounty to persons, not citizens," which was read first time, and on motion of Mr. Smith, of Macon, the rules were suspended, when the same was read a second and third times and passed; and " Resolution in favor of W. A. Maroney, Sheriff of Davie County," which was read first time, and the rules having 1862-,63.] SENATE JOURNAL. 16T been suspended, the same was read a second and third times and passed. Mr. "Warren introduced a bill entitled " A bill to change the term of office of the Adjutant General and for other pur¬ poses," which was read first time, and the rules having been suspended, was read a second and third times and passed. Mr. Wright moved to take up the bill entitled, "A bill to enable the incorporated towns of this State to levy additional taxes," which was agreed to, and said bill, the rules having been suspended, was read three several times and passed. On motion of Mr. Neal, the engrossed bill entitled " A bill concerning the County of Mitchell," was read, under suspen¬ sion of the rules, three several times and passed. . A message was received from the House of Commons that they transmit certain engrossed resolutions entitled, as fol¬ lows : " Resolution requiring the Governor to appoint Commis¬ sioners to examine and report the condition of the Agency of Cherokee Lands, connected with the Turnpike Roads in Jackson County," which was read first time, when on motion of Mr. Smith, of Macon, the rules were suspended, and the same was read a second and third times and passed; "Resolution in reference to the Auditor of Public Ac¬ counts;" and " A resolution in reference to a fund in the hands of the Board of Claims," which were read three several times and passed. On motion of Mr. Eure, the bill entitled " A bill to author¬ ize and require the Quartermaster of the State to pay com¬ mutation money to the soldiers of North-Carolina for boots and shoes," was taken up and read a second time. Mr. White moved to strike out in section 1, the words " fourteen " and " eight," and insert " twelve " and " six," which was not agreed to. Mr. Bagley moved to strike out in same section, " eight," and insert " ten," which was not agreed to; and also, to strike out " eight," and insert " nine," and it was not agreed to. 1C8 SENATE JOURNAL. [Session Mr. Eure moved to amend by adding this proviso to sec¬ tion 1, to wit: " Provided they shall not be paid for more pairs of boots and shoes than they are entitled to by by the Army Regula¬ tions," and it was adopted. Mr. Bagley moved to strike out in same section 1, " four¬ teen," and insert " thirteen," and upon this question asked for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Bagley, Brake, Patrick, Slaughter, Smith, of Macon, Warren and White—7. Those who voted in the negative are, Messrs.—Adams, of Davidson, Adams, of Guilford, Aren- dell, Brown, Carroway, Dickson, Ellis, Eure, Eaison, Graham, Harris, Holeman, Lassiter, Leitch, Lindsay, Murrill, Neal, Outlaw, Russ, Smith, of Anson, Taylor, of Chatham, Whit- ford, Wright and Young—24. So the motion did not prevail. And the bill as amended passed and was read a third time and passed, and sent to the House of Commons for their action. The engrossed bill entitled " A bill to amend an act entitled " An act for the relief of the Banks and the People," was read a second time, when Mr. Lindsay moved to postpone until January 22d, 1863, and asked for the yeas and nays thereon, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Bagley, Carroway, Jarratt, Lindsay, Murrill, Out¬ law, Sharpe, Slaughter, Smith, of Macon, Taylor, of Nash, and Warren—11. Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Brown, Copeland, Dickson, Drake, Ellis, Faison, Graham, Harris, Holeman, Leitch, Neal, Patrick, Ramsay, Russ, Smith of Anson, Whitford, White, Wright and Young—22, So the motion did not prevail. 1862—'63.] SENATE JOURNAL. 169 On the passage of the hill, Mr. Lindsay asked for the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative are, Messrs. Adams of Davidson, Adams of Guilford, Arendeil, Brown, Oarroway, Dickson, Drake, Ellis, Eure, Eaison, Har¬ ris, Lassiter, Neal, Patrick, Ramsay, Smith of Anson, Whit- ford and White—18. Those who voted in the negative are, Messrs. Bagley, Graham, Holeman, Jarratt, Leitch, Mur- rill, Outlaw, Russ, Sharpe, Shipp, Slaughter, Smith of Macon, Taylor of Chatham, Taylor of Nash, Wright and Young—16. So the hill passed and the rules were suspended, on motion of Mr. Adams, of Davidson, when it was read a third time and passed. A message was received from the House of Commons that they transmit a resolution which they had passed, entitled " A resolution in favor of the Engrossing Clerks of the pres¬ ent session of the General Assembly," and the same was read first time, when the rules were suspended, on motion of Mr. Ramsay, and it was read a second time and passed and read a third time, when Mr. Murrill moved to postpone until the 10th day of February, 1863, which motion was not agreed to. Mr. Murrill now moved to postpone indefinitely, and it was not agreed to; also asked for the yeas and nays on the passage of the resolution and it was not agreed to. The resolution passed. On motion of Mr. Ramsay, the hill entitled " A bill to incorporate the town of Chestnut Hill, in Rowan county," was taken up and read a second time and said bill passed and was read a third time and passed. The order of the day being the bill entitled " A bill to raise ten thousand volunteers for the defence of the State was taken up, When Mr. Outlaw moved to postpone the same until January 20th, 1863, and upon this question asked the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative, are : Messrs. Adams, of Guilford, Brown, Copeland, Dickson, i7a SENATE JOURNAL, [Session Drake, Ellis, Faison, Graham, Harris, Holeman, Neal, Out¬ law, Sharpe, Skipp, Smith, of Anson, Taylor, of Nash, Whit- ford, White, Wright and Young,—20. Those who voted in the negative, are : Messrs. Adams, of Davidson, Bagley, Carroway, Eure, Jarratt, Lassiter, Leitch, Lindsay, Murrill, Patrick, Ram¬ say, Russ, Slaughter, Smith, of Macon and Taylor, of Chat¬ ham—15. So the hill was postponed until 20th January, 1863. Mr. White moved to take up the bill entitled, " A bill to incorporate the town of Dallas in the County of Gaston," and it was read a second time, when Mr. Murrill moved to strike out the word " Dallas," and insert the word, Stonewall," which was not agreed to. Mr. Bagley moved to strike out "Dallas," and insert " Beauregard," which was not agreed to j and the bill pass¬ ed, and was read a third time and passed. Mr. Young introduced a resolution which he would call up at another time, and moved that the Senate adjourn until Monday morning 4f o'clock ; and, the Senate adjourned ac¬ cordingly. MONDAY, If o'clock, A. M. December 22, 1862. A message was received from the House of Commons, that they transmit certain bills and resolutions duly enrolled and signed by the Speaker of the House, and the same were sign¬ ed by the Speaker of the Senate, entitled, to wit: " An act to amend section 2d, of an Ordinance of the Con¬ vention, ratified 12th day of May, 1S62, entitled, ' An Ordi¬ nance to repeal an ordinance passed at the present session of this Convention entitled, * An Ordinance amendatory of an Ordinance to raise North Carolina's quota of Confederate troops," passed and ratified the 19th day of February, A. D., 1862, and to extend the provisions as to bounty, to certain other persons"; l$62-'63.] SENATEJOURNAL 171 Resolution in favor of W. A. Maroney, Sheriff of Davie county Resolution requiring the Governor to appoint commission¬ ers to examine and report the condition of the agency of Cherokee Lands as connected with Turnpike Roads in Jack¬ son county. A resolution in favor of the Engrossing Clerks of the pre¬ sent session of the General Assembly; A resolution in favor of C. P. Bryson ; A resolution in reference to the Auditor of Public Ac¬ counts ; A resolution in reference to a fund in the hands of the Board of Claims; Resolution to pay the officers and privates of Captain J. W. F. Bank's company for their services ; An act to incorporate the town of Marion An act concerning the county site of Mitchell; An act to amend an act entitled, " An act for the relief of the Banks and the people An act to enable the incorporated towns of the State to levy additional taxes; An1 act to amend an act passed at the second extra session of the General Assembly, A. D. 1861, Chapter 5, entitled, " An act to enlarge the powers of the county Courts for rais¬ ing revenue for county purposes." Mr. Eure, by leave, recorded his vote in the negative on the question to postpone the bill entitled, " A bill to raise ten thousand volunteers for the defence of the State," until Janu¬ ary 20, 1863. Mr. Arendell being in the chair, called up the following resolution, introduced by Mr. Young, to wit: Resolved, That the thanks of the Senate are due, and are hereby tendered to the Honorable Giles Mebane, Speaker of the Senate, for the zeal, impartiality and efficiency with which he has discharged the duties of his office; which was unani¬ mously adopted. The Speaker having resumed the chair, addressed the Sen- 172 SENATE JOURNAL. [Session ate in a brief and very appropriate manner, and declared the same adjourned until the 10th January, A. D., 1863, at 11 o'clock, A. M. GILES MEBANE, Speaker of the Senate. C\ R. Thomas, Principal Clerk, INDEX. ELECTIONS. PAGE. Election of Speaker, - • • 5 u (i principal Clerk, 5 44 " Assistant Clerk, - 6 44 44 Principal Doorkeeper, ..... 6 44 '• Assistant Doorkeeper, 6 44 M State Printer, 9 44 44 Engrossing Clerk, first, 25 44 44 Comptroller of State, SI 44 44 Solicitor Seventh Circuit, 33 44 44 Solicitor First Circuit, 34 41 44 Superintendent of Common Schools, 37 44 44 Secretary of State, 40 44 44 Solicitor of Fifth Circuit, 1 43 ■" 4* Superior Court Judge, Fourth Circuit, 45 44 44 Confederate States' Senator, 52 44 44 Engrossing Clerk, Second, Third, ^... 57 44 44 Councillors of State, 66 44 4' Treasurer of State, 73 44 44 Solicitor, Sixth Circuit, * 73 44 44 Superior Court Judge, Seventh Circuit, .. 112 44 44 Solicitor, Seventh Circuit, 112 44 44 Solicitor, Fourth Circuit, . 133 44 44 Attorney General, ... 137 44 M Directors Insane Asylum, 158 44 44 Auditor of Public Accounts, 164 YEAS AND NAYS. Vote for Speaker, .],.... 5 44 Clerks and Doorkeepers, 5, 6 44 State Printer, 9 44 Engrossing Clerk, First, 25 44 Comptroller of State, SI ".4f "Solicitor, Seventh Circuit, 33 44 Solicitor, First Circuit, 34 11 INM& PAG& Vote for Superintendent of Common Schools, ........ 8T 44 44 Secretary of State, 40 44 44 Solicitor, Fifth Circuit, . < 44, 46, 48 u 44 Superior Court Judge, Fourth Circuit, 45 44 44 Solicitor, Second Circuit, 50 44 44 Confederate States' Senator, 52 44 44 Engrossing Clerks, Second, Third, 57 44 on the passage of the bill in reference to the salaries of the Judges of the Superior Courts of Law and Equity, second reading, 61, 77 44 for Councillors of State, 66 " 44 Treasurer of State, ..». 73 44 44 Solicitor, Sixth Circuit, 73 44 on the passage of the Resolutions declaring the office of Adju¬ tant General, Attorney General and Solicitor of the fourth Judicial Circuit, vacant, second and third reading, 89, 90, 91 44 44 resolutions protesting against the burning of Cotton in Eastern North Carolina, second reading, 91 44 44 amendment to the bill to prevent the harboring of deserters and resisting their arrest, 96 44 44 the passage of the resolution to pay Ministers of the Gospel for service in opening by prayer, either House of the Gene¬ ral Assembly, second reading, 99 44 41 the passage of resolutions requesting our Senators, and in¬ structing our Representatives in Congress to urge a repeal of certain clauses of the 44 Military Exemption Act" of the Confederate Congress, third reading, 100 44 44 amendment to their title, 100 44 44 the passage of a bill to secure the property of married wo¬ men, second reading, 101 44 for Superior Court Judge, Seventh Circuit, 112, 113 " 44 Solicitor, Seventh Circuit, 112 44 on suspending the rules to take up resolutions to regulate the per diem and mileage of the members of the General As¬ sembly, 117 44 44 their passage, second reading, 118 44 44 motion to lay on the table, a bill in reference to Work Houses, 120 44 44 amendments to a bill to be entitled 44 Revenue," 122,128, 137, 146, 148 44 44 amendment to resolution proposing to adjourn' on the 22d of December, and meet on the 19th January, 1863, 131 44 for Solicitor, fourth circuit, 133 INDEX. iii Pace. Vote on motions to lay on the table messages from the House of Commons, proposing to the Senate to go into an election for Adjutant General, .............. 138, 154 w 44 on the passage of a bill to amend the 1st, 12th and 23d sec¬ tions of Chapter 17, of the Acts for 1860 and 1861, third reading, 134 44 for Attorney General, 137, 138 <4 on the passage of the resolution in*relation to the seizure and transportation from the State, of R. J. Graves, a citizen of Orange county, ,. 143 144 44 motion to re-consider the vote by which were passed reac¬ tions relating to the seizure of Railroad Iron, belonging to the State, and now in possession of the Wilmington, Char¬ lotte and Rutherford Railroad Company, 149 " " motion to lay on the table resolutions proposing an adjourn¬ ment of the two Houses from the 24th of December, 1862, until the 1st Monday of August, 1863, 151 41 44 motion to lay on the table a bill for the relief of persons in custody, not in the military service, 156 44 44 amendments to the same, 15T 44 for Directors of the Insane Asylum, 158 44 on amendment to a bill concerning the North-Carolina Institu¬ tion for the Deaf and Dumb, and Blind, ". 162 44 for Auditor of Public Accounts, 164 •' on motion to postpone until 22d January, 1863, a bill to raise ten thousand volunteers for the defence of the State, 164 44 44 amendment to a bill to authorize and require the Quarter¬ master of the State to pay commutation money to the sold¬ iers of North-Carolina, for boots and shoes, 168 44 44 motion to postpone until January 22d, 1863, a bill to amend an act entitled, 44 An act for the relief of the Banks and the People, 168 44 44 passage of said bill, second reading, 169 44 44 motion to postpone until January 20th, 1863, a bill to raise ten thousand volunteers, for the defence of the State, 169 MISCELLANEOUS. Governor's Message, 9 Rules of Order for the Senate, ... 7 15 Standing Committees, 18 Joint Standing Committees, 26 Joint Rules of Order, 26 12 JOURNAL- OF THE SENATE OF THE GENERAL ASSEMBLY OF THE STATE OF NORTH-CAROLINA, AT ITS SECOND SESSION, 1863. RALEIGH: W. W. HOLDEN, PRINTER TO THE STATE. 1863. SENATE JOURNAL 1862-63. ADJOURNED SESSION. MONDAY, January 19, 1863. A number of Senators met in the Senate Chamber, at 11 o'clock, A. M., and it having been ascertained by the Princi¬ pal Clerk, upon a call of the roll of the Senate, that a quorum was not present, Mr. Wiggins moved to adjourn until to¬ morrow morning 11 o'clock, apd it wa3 so agreed. TUESDAY, January 19, 1S63. Prayer by Rev. Mr. Hardie. Willie D. Jones, Senator elect to fill the vacancy occasioned by the resignation of John P. H. Russ, from the 21th District, presented a certificate of his election and was qualified according to law. Mr. White introduced a bill entitled " A bill to incorporate the Yestal's Ford Toll Bridge Company," which was read first time and referred, on his motion, to the Committee on Corporations. The bill entitled " A bill to secure the property of married women," was taken up and read a second time. Said bill was postponed, on motion of Mr. Faison, until Friday next, and was made the special order for that day at 12 o'clock. Mr. Smith, of Macon introduced a resolution entitled " Resolution in reference to the purchase of a machine for the manufacture of cotton cards," which was read first time, when, on his motion, the rules were suspended and said resolution was read a second time. 6 SENATE JOURNAL. [Session Mr. Graham moved to refer to the Committee on Agricul¬ ture, and it was not agreed to. Mr. Holeman moved to refer to a select committee, and the resolution was so referred. The Speaker announced as said select committee, Messrs. Smith of Macon, Young, Holeman, Wiggins and Adams of Guilford. A message was received from the House of Commons, that they propose to the Senate to postpone the joint order for the appointment of Justices of the Peace, until Saturday next, which was agreed to; also a message that they transmit an engrossed bill entitled " A bill to amend an act passed at the present session of the General Assembly entitled " An act to amend the ordinance of the Convention entitled 4 An ordi¬ nance to make some provision for the families of soldiers dying in service, ratified 22d February, 1862, and for other purpo¬ ses," which was read first time, when the rules were suspen¬ ded, on motion of Mr. Wright, and the same was read a second time arid passed. NSaid bill having been read a third time, Mr. P>rown moved to amend by adding as follows: " and when the son dies in the service, leaving his mother surviving him, and his father shall have been absent from the State six years and not heard from, then, the bounty or other sum of money due to the estate of the son, shall be paid to the paother. Mr. Eure moved to amend the amendment by striking out " six years " and inserting " one year," which was accepted, and the amendment was adopted, and the bill as amended passed. The bill entitled "A bill to transfer the jurisdiction of the Courts of counties occupied or controlled by a public enemy," was taken up, and on motion of Mr. Warren laid on the table. The engrossed bill entitled "A bill for the relief of Wm. E. Mann, late Sheriff of Pasquotank county, was read a second time and passed. The bill entitled " A bill for the relief of persons who have overpaid or may hereafter overpay taxes," was read a second 1862-'63.] SENATE JOURNAL. 7 time. Mr. Murrill asked for the yeas and nays on the ques¬ tion of its passage, and one-fifth agreeing: ^Those who voted in the affirmative are, Messrs. Adams of Davidson, Arendell, Carroway, Dickson, Drake, Ellis, Eure, Eaison, Harris, Lindsay, Murrill, Sanders, Simpson, Sharpe, Smith of Macon, Smith of Stanly, "Whitford, White, Wooley and Young—20. Those who voted in the negaiive are, Messrs. Adams of Guilford, Bagley, Brown, Dickerson, Hall, Holeman, Lassiter, Leitch, Matthews, Taylor of Chatham, Warren, Wiggins and Wright—13. So the bill passed its second reading. And, on motion of Mr. Sharpe, the Senate adjourned until to-morrow morning 10 o'clock. WEDNESDAY, Januahy 21, 1863. Mr. Smith, of Macon, from the Select Committee, to whom was referred the resolution entitled, " Resolution in reference to the purchase of a machine for the manufacture of Cotton Cards, &c.," reported a resolution as a substitute and recom¬ mended that it do pass. On motion of Mr. Smith, of Macon, the rules were suspend¬ ed and the foregoing resolution was read a second and third time (the substitute having been adopted) and passed. Mr. Adams, of Guilford, introduced a bill-entitled "A bill to authorize and enable C. A. Boon, late Sheriff of Guilford County, to collect arrearages of taxes," which was read first time, when, on his motion, the rules were suspended and the same was read a second time and passed. Said bill was read a third time, and Mr. White moved to amend by adding the name of Joseph Luske, Sheriff of Gaston County, which was agreed to. Mr. Slaughter moved to amend by striking out the words il one thousand, eight hundred and fifty-eight," and inserting 6 SENATE JOUKNAL. [Session "one thousand, eight hundred and sixty," which was not agreed to, and the bill as amended passed. The bill entitled " A bill to organize the State Reserves," was read a second time, and, on motion of Mr. Sharpe, laid on the table. The engrossed bill entitled " A bill to raise ten thousand volunteers for the defence of the State," was taken up, on motion of Mr. Murrill, and postponed until, and made the special order for to-morrow, 12 o'clock, on motion of Mr. .Brown. The engrossed resolution entitled "Resolution to refund Harnett County money expended for Col. Alex. Murchison's ■cavalry company," was read a second time, and on motion of Mr. Sharpe, laid on the table. An engrossed bill entitled " A bill to incorporate the town of Chestnut Hill, in Rowan County," and an engrossed reso¬ lution entitled " Resolution in reference to the purchase of machinery for the manufacture of Cotton Cards, &c.," were transmitted to the House of Commons. A message was received from the House, that they agree to the amendment made by the Senate to the engrossed bill entitled " A bill to amend an act passed the present session of the General Assembly entitled " An act to amend the or¬ dinance of the Convention entitled, 'An ordinance to make some provision for the families of soldiers dying in service, ratified 22d February, 18(32, and for other purposes,'" said bill is ordered to be enrolled. The bill entitled " A bill to continue in force the ordinance of the Convention providing for an increase of the salaries of the Comptroller and Secretary of State, passed and ratified the 9th day of May, A. D., 1S62," was read second time and on motion of Mr. Wiggins, laid on the table. The engrossed bill entitled " A bill to admit proof of the handwriting of attesting witnesses in certain cases," and the engrossed resolution entitled, " Resolution authorizing the Door-Keeper of the House to purchase a Flag of the Confed¬ erate States of America," were read a second time and passed. 1862-'63.] SENATE JOURNAL. 9 The bill entitled " A bill regulating the service of process on the Southern Express Company," was read a second time and referred, on motion of Mr. Graham, to the Comjnittee on the Judiciary. The bill entitled "A bill to rate articles of prime necessity in the several Counties of the State," was read a second time and referred, on motion of Mr. Hall, to the Committee on Propositions and Grievances. A message from the House of Commons was received, that they transmit certain engrossed bills and resolutions entitled as follows, to wit: "Resolution in favor of Charles Byrd;" " Resolution in favor of M. Walker, Sheriff of Rutherford County;" " Resolution in reference to the Engrossing Clerks ;" " A bill to legalize-the Acts of a County Court in Lincoln County;" " A bill to authorize incorporated towns to lay an ad valo¬ rem tax on slaves;" "A bill to amend the act ratified 20th December, 1862, en¬ titled 'An act to provide ways and means for supplying the Treasury;'" " A bill authorizing the Governor to employ a Messenger for the Executive Department;" " A bill in favor of Gideon B. Threadgill, late Sheriff of Anson County." The foregoing bills and resolutions were read first time. The bill entitled, "A bill authorizing the President and Di¬ rectors of the Literary Fund of North-Carolina to elect a Trea¬ surer," was read a second time, and laid on the table on mo¬ tion of Mr. Matthews. The engrossed resolution entitled, " Resolution in relation to the exchange of salt," was read a second time and passed, when, on motion of Mr. Taylor of Chatham, the rules were suspended and the same was read a third time and passed. The engrossed bill entitled, " A bill to amend the 46th chapter of the Revised Code, 18th section," was read a se- 10 SENATE JOURNAL. [Session cond time and referred, on motion of Mr. Hall, to the com¬ mittee on the Judiciary. Mr. Graham introduced a bill entitled, " A bill to modify an act entitled, ' An act to change the jurisdiction of the Courts and the rules of pleading,' passed at the second extra session of the General Assembly, 1861, commonly called the Stay Law," which was read first time and referred, on mo¬ tion of Mr. Hall, to the Committee on the Judiciary, and al¬ so, on motion of Mr. Eure, ordered to be printed. The engrossed resolutions entitled, " Resolutions in relation to prisoners confined in the military prison at Salisbury," were read a second time and referred, on motion of Mr. Hall, to the Committee on Propositions and Grievances. On motion of Mr. Sharpe, the Senate adjourned until 10 o'clock to-morrow morning. TEURSDAT, January 22, 1863. Mr. Graham introduced a resolution which was adopted, to wit: " liesolved, That a select committee of two on the part of the Senate and three on the part of the House of Commons, be appointed to examine the apartments of the Capitol building, and report a scheme, for distributing the same among the several State officers so as to facilitate the transaction of pub¬ lic business." Mr. Graham also introduced a bill entitled, "• A bill to au¬ thorize the Auditor of Public Accounts to administer oaths," which was read first time, when, on his motion, the rules were suspended and said bill was read a second and third time and passed. Mr. Simpson introduced a bill entitled " A bill to increase the pay of jurors and witnesses," which was read first time and referred, on his motion, to the committee on the Judiciary. Mr. Taylor, of Chatham, introduced a bill entitled "A bill to amend an act passed 1844-'45, to incorporate the town of 1862-63.] SENATE JOURNAL. 11 Pittsborough, in the County of Chatham," which was read first time. Mr. Hall introduoed a bill entitled " A bill to authorize Malcolm Mclnnis to distill from grain the article of alcohol for mechanical and medical purposes," which was read first time and referred, on his motion, to the Committee on Propo¬ sitions and Grievances. The Speaker announced as the Committee on Enrolled Bills, for the remainder of the present week, Messrs. White, Paison and Adams of Davidson. Mr. Bagley introduced a resolution instructing the Com¬ mittee on Military Affairs to inquire whether at the com¬ mencement of the war the authorities -of this State did not furnish the State of Virginia with several thousand stand of arms, for which there has been received neither pay nor voucher, and if so, how many, of what kind and their proba¬ ble value, and recommend such way as they may deem best to secure payment for the same or their return, which was adopted. The bill entitled " A bill for the relief of persons who have overpaid or may hereafter overpay taxes," was read a third time, and Mr. Leitcli moved to strike out section 3, which was not agreed to, and the bill passed. The engrossed resolution entitled " Resolution authorizing the Door-Keeper of the House to purchase a Flag of the Confederate States of America, &c.," and the engrossed bill entitled, " A bill to admit proof of the hand-writing of attest¬ ing witnesses in ceftain cases," were read a third time and passed. The following entitled, engrossed bills were read a second time and passed, to wit: " A bill to legalize the acts of the County Court in Lincoln County" A bill authorizing the Governor to employ a messenger for the executive department" A bill to amend the act ratified the 20th December, 1862, entitled 4 An aet to provide ways and means for supplying the Treasury" and 12 SENATE JOURNAL. [Session " A bill to authorize Incorporated Towns to levy an ad valorem tax on slaves." A message was received from the House of Commons, that they transmit a report of the Board of Claims and accompa- nying papers, which were referred, on motion of Mr. Graham, to the Committee on Claims; also, a message, that they trans¬ mit the message of his Excellency, the Governor, and accom¬ panying documents, to wit: communications in relation to the guaranteeing of Confederate bonds from the Executive De¬ partments of South-Carolina, Alabama, and Florida, and a communication from the Honorable James A. Seddon, Sec¬ retary of War, in relation to the arrest &c., of R. J. Graves, and propose that the same be printed; which, on motion of Mr. Wiggins, was agreed to. On motion of Mr. Young, a message was sent to the House, that the Senate proposes to raise a joint select committee to whom should be referred the communications from the Exec¬ utive Departments of South-Carolina, Alabama, and Florida, and to consist of three (3) on the purt of the Senate and five (5) on the part of the? House. A message was received from the House, that they agree to the proposition to raise a joint select committee to exam¬ ine, &c., the Capitol building departments, &c., and appoint Messrs. Foust, Russ and Burgin as its part of said committee. The Speaker announced Messrs. Lane and Wiggins as the Senate branch of said committee. The order of the day, being the bill entitled " A bill to raise ten thousand volunteers for the defence of the State," was read a second time, and the pending question being the amendment proposed by Mr. Outlaw, Mr. Hall asked thereon the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Copeland, Dickson, Drake, Faison, Hall, Harris, Holeman, Lane, Powell, Taylor, of Nash, Whitford, White and Young—13. Those who voted in the negative are, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, 1862-63.] SENATE JOURNAL. 13 Bagley, Brown, Carroway, Dickerson, Ellis, Graham, Jarratt, Jones, Lassiter, Leitch, Lindsay, Matthews, Murrill, Patrick, Sanders, Simpson, Sharpe, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, Wiggins, Wooley and Wright —27. So the amendment was not adopted. Mr. Ellis proposed to amend as follows, to wit: " Whereas, heretofore an act was passed by the General Assembly of North-Carolina at its session of 1860-'61, author¬ izing the Governor of the State to accept of volunteers for State service: And, whereas, the raising of said volunteers was not carried into effect at the time of the passage of said law: And, whereas, the Legislature in J:he passage of the fol¬ lowing military bill, now under consideration, desire to be understood as offering no impediment to the operation of the conscription act of Congress, and disclaim any intention to throw itself in conflict with the President of the Confeder¬ ate States or the authorities at Richmond, but simply to carry out the provisions of an act of the General Assembly by which a State force shall be organized ;therefore Upon this question Mr. Hall asked for the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative, are, Messrs. Blount, Copeland, Dickson, Drake, Ellis, Faison, Hall, Harris, Holeman, Jones, Lane, Murrill, Powellj Taylor, of Nash, Whitford, White, Wiggins and Young—18. Those who voted in the negative, are, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Bagley, Brown, Carroway, Graham, Jarratt, Lassiter, Leitch, Lindsay, Matthews, Patrick, Sanders, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, Wooley and Wright—24. So the amendment was not adopted. Mr. Murrill, moved to amend as follows : " Provided That persons liable to the conscript laws shall not be accepted and enrolled in such service unless the Gov¬ ernor of the State shall be of opinion that such acceptance u SENATE JOURNAL. [Session and enrollment in tlie service of this State will in no way operate against a satisfactory execution of afty agreement between the authority of this State and the Confederate States for the enforcement of the conscription laws. And, provided further, That this act of acquiescence on the part of this General Assembly shall not be considered as an acknowl¬ edgement of the constitutionality of said conscript laws, or be drawn into precedent in the legislation of this State hereafter." On this question, Mr. Murrill asked for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative, are, Messrs. Arendell, Drake, Ellis, Murrill and White—5. Those who voted in the negative, are, Messrs. Adams, of Davidson, Adams, of Guilford, Bagley, Blount, Brown, Carroway, Copeland, Dickson, Dickerson, Faison, Graham, Hall, Harris, Holeman, Jarratt, Jones, Lane, Leitch, Lindsay, Matthews, Patrick, Powell, Sanders, Simp¬ son, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Tajdor, of Nash, War¬ ren, Whitford, Wiggins, Wooley, Wright and Young—37. So the amendment was not adopted. Mr. Lane moved to amend by inserting in sec. 1 line 11, after the words " Confederate States," the words " or subject to the act of Congress known as the conscript law," pending which motion, after some discussion, the Senate adjourned until to-morrow morning 10 o'clock, on motion of Mr. Slaughter. FRIDAY, Januaet 23, 1862. Prayer by Rev. Mr. Hardie. Mr. Hall presented a memorial from sundry citizens of Wilmington, in relation to the passage of a bill to permit Malcolm Mclnnis to distil alcohol for medical and mechanical purposes, and also sundry letters in reference to the same subject, which were read, and on his motion laid on the table. 1862-63.] SENATE SOURNAL. 15 A petition from sundry citizens of Alamance county, pray¬ ing the passage of a law authorizing the sale of free persons of color for a term or time, in order to compel them to pay their debts, was presented by the Speaker, and on motion of Mr. Lassiter, laid on the table. Mr. Lassiter from the Committee on Propositions and Grievances, reported back the bill entitled "A bill to rate articles of prime necessity in the several counties of the State," and the resolution entitled " Resolution in relation to prisoners confined in military prisons at Salisbury," and asked to be discharged from the further consideration of the same, and the Committee were so discharged; also, upon the bill entitled " A bill to authorize Malcom Mclnnis to distil from grain the article of alcohol for mechanical and medical pur¬ poses," recommending amendments thereto. Mr. Sanders introduced a resolution entitled " Resolution in favor of Mary C. Gulley," which -was read first time and referred, on his motion, to the Committee on Claims. Mr. Patrick introduced a resolution entitled " Resolution in relation to the seizure and imprisonment of Wm. C. Loftin, a citizen of Lenoir county," whrch was read, and laid on the table by the following vote, upon a call for the yeas and nays by Mr. Murrill, one-fifth agreeing thereto, to wit: Those who voted in the affirmative are, Messrs. Adams, of Guilford, Arendell, Bagley, Brown, Car- roway, Dickson, Dickerson, Drake, Ellis, Harris, Holeman, Jones, Lane, Murrill, Powell, Simpson, Smith, of Anson, Tay¬ lor, of Nash, Whitford, White and Young—21. Those who voted in the negative are, Messrs. Adams, of Davidson, Blount, Faison, Jarratt, Las¬ siter, Leitch, Patrick, Smith, of Macon, Taylor, of Chatham, Warren, Wiggins, Wooley and Wright—13. Mr. Warren introduced a bill entitled " A bill to enforce and make more effectual an act of the General Assembly, rat¬ ified December 22,1862, regulating the payment of bounty," which was read first time, when the rules were suspended, on his motion, and said bill was read a second time. 16 SENATE JOURNAL. [Session An amendment proposed by Mr. Ellis, to wit: Add at the end of section 1, the words " but such Captain shall certify as to the citizenship on honor," was accepted, and the bill as amended passed, and was read a third time and passed. Mr. Arendell from the Committee on Corporations, report¬ ed upon the bill entitled "A bill to incorporate Yestals Ford Toll Bridge Company," and recommended that it do pass. Mr. Ellis introduced a bill entitled " A bill to amend the 6th section of the 48th chapter of the Revised Code, entitled "Fences," and a resolution entitled "Resolution in favor of Rufus Galloway and Lewis "Williamson," which were read first time and referred, on his motion, to the Committee on Propositions and Grievances. A message from the House of Commons was received, that they agree to the proposition of the Senate to raise a joint select committee, to w7hom should be referred the communi¬ cations relating to a guarantee of the Confederate debt, from the Executive Departments of South-Carolina, Alabama and Florida, and appoint Messrs. Grissom, Shepherd, Person, Shober and Allison the House branch of the committee. The Speaker announced Messrs. Young, Brown and Blount as the Senate branch of said committee. Another message was received from the House, that they transmit an engrossed bill entitled "A bill to incorporate the Western North-Carolina Mining, Smelting and Copperas Manufacturing Company," which was read first time. Also, a message that they propose to go into an election for nine Trustees of the University, on Monday, at 1 o'clock, which, on motion of Mr. Brown, was laid on the table. Another message was received from the House of Com¬ mons, that they transmit the following engrossed bills entitled, to wit: "A bill to change the Probate Courts for Rutherford Coun¬ ty," which was read first time, when the rules were suspend¬ ed, on motion of Mr. Dickerson, and the same was read a second and third times and passed 1862—'63.] SENATE JOURNAL. 17 " A bill to legalize the proceedings of a County Court in Henderson County," which was read first time;" " A bill to alter the time of holding the Courts of Pleas and Quarter Sessions for the County of Stokes," which was read first time, when the rules were suspended, on motion of Mr. Matthews, and the same was read a second and third times and passed ; " and " A bill to change the time of holding the Courts of Pleas and Quarter Sessions in the County of Ashe," which was read first time, when the rules were suspended, on motion of Mr. Jarratt, and the same wras read a second and third times and passed. The following entitled bills were sent to the House of Com¬ mons, duly engrossed, to wit: " A bill for the relief of persons who have overpaid, or may hereafter over pay taxes ;" " A bill to authorize and enable C. A. Boon, late Sheriff of Guilford County to collect arrearages of taxes;" and "A bill to authorize the Auditor of Public Accounts to ad¬ minister oaths." The bill entitled "A bill to raise ten thousand volunteers for the defence of the State," was taken up, the pending ques¬ tion being on the amendment proposed by Mr. Lane, on yes¬ terday. After some debate, Mr. Lindsay moved to postpone the bill until to-morrow, 11 o'clock; which was not agreed to. A message wras received from the House of Commons, that they transmit a message from his Excellency, the Governor, with an accompanying paper from A. J. and T. J. Jones, in relation to the making salt, and propose that the same be re¬ ferred to the Joint Select Committee on the Governor's mes¬ sage, so far as it relates to salt; which was agreed to. On motion of Mr. Graham, the Senate adjourned until to-, morrow morning, 10 o'clock. 2 SENATE JOURNAL. [Session SATURDAY, January 24, 1863. Prayer by Rev. Mr. Lansdale. Mr. Murrill for the Committee on Claims reported upon the a Resolution in favor of Mary C. Gully," and recommen¬ ded that it do pass. Said resolution was taken up subse¬ quently, on motion of Mr. Murrill, and the rules having been suspended was read a second and third time and passed. Mr. Hall moved to take from the Committee on the Judici¬ ary the bill referred to them entitled " A bill to modify art act entitled An act to change the jurisdiction of the Courts and the rules of pleading," passed second Extra Session of the General Assembly, 1861, commonly called the Stay Law,' and refer the same to the Joint Select Committee on so muck of the Governor's Message as relates to the subject. The motion- was not agreed to. Mr. Lassiter, from the Committee cm Propositions an i Grievances reported upon the resolution entitled " Resolu¬ tion in favor of Rufus Galloway and Lewis "Williamson," recommending that it do paSs, and a memorial of J. R Stewart and others, recommending that the prayer of the memorialists be granted; also, be reported back ilom tie- same committee, " A bill to amend the 6th section of the 48th chapter of the Revised Code, entitled u Fences," and asked to be discharged from its further consideration, and the committee were so discharged. Mr. Wooley introduced a bill entitled " A bill to amend the 18tli section of the 28th chapter or the Revised Code, i;. relation to fjes of committees of Finance," which was read first time, when, on his motion, the rules were suspended* and the same was read a second and third times and passed. On motion of Mr. Graham, so much of the Governor's mes¬ sage as relates to the public defences, was referred to the Committee on Military Affairs. Mr. Lindsay introduced a resolution, that the Senate pro¬ poses to the House of Commons, to hold a joint secret ses¬ sion on Monday next, at 12 o'clock, for the purpose of re¬ ceiving such communication as the Governor may have t<> 1862^63.] SENATE JOURNAL. 19 make to the General Assembly, and that a select committee •of two on the part of the Senate and three on the part of the House, be appointed to wait on his Excellency, the Governor, and to request him to give to the General Assembly such facta as are in his possession, in relation to the Confederate force now in North-Carolina; which was adopted. And a message accordingly was sent to the House of Com¬ mons from whom a message was received, that they agree to said proposition, and appoint Messrs. Albritton, Bynum, and Foust, as the committee on their part. The Speaker announced Messrs. Lindsay and Ellis as the committee on the part of the Senate. Mr. Young introduced a bill entitled, " A bill to amend an act passed at this session of the General Assembly, entitled, an act for the relief of our sick and wounded soldiers," which was read first time and referred, on motion of Mr. Lassiter, to a Select Committee. Mr. Blount introduced a bill entitled, " A bill for the bene¬ fit of the families of soldiers dying in the service," which was read first time and referred, on his motion, to the Committee on Military Affairs. Mr. Whitford introduced a resolution in favor of A. C. Latham, Sheriff of Craven County, which was read first time. The following bills, duly engrossed, were transmitted to the House of Commons, to wit: "A bill to incorporate the town of Dallas, in the County of Gaston," and " A bill to enforce and make more effectual, an act of the General Assembly, ratified December 22,1862, regulating the payment of bounty. Mr. Jarratt introduced a bill entitled, " A bill concerning the County site of Mitchell County," which was read first time and referred, on his motion, to the Committee on Propo¬ sitions and Grievances. On motion of Mr. Young, the resolutions entitled, "Reso¬ lutions relating to the currency," were taken up and referred to the Joint Select Committee on the Communications rela¬ ting to a guarantee of the debt of the Confederate States. Mr, Smith, of Macon, from the. J.fir Sffee' C toe, 20 SENATE JOURNAL. [Session the Governor's message so far as it relates to salt, reported a resolution entitled " Resolution authorizing the Governor to make contracts for the manufacture of salt," &c., which was read first time, when, on his motion, the rules were suspended, and the same, was read a second and third time and passed. Said resolution was duly engrossed and sent, by order of the Senate, to the House of Commons, on motion of Mr. Ellis. The engrossed bills entitled "A bill for the relief of Win. E. Mann, late sheriff of Pasquotank county." " A bill to establish a Female Seminary in Davidson county by the name of Beatavilla," and the engrossed resolution entitled " Resolution in favor of John Fisher," were read a third time and passed. The resolution entitled " Resolution in favor of Capt. L. L. Clements, of the county of Martin," as amended, was read a third time and passed. The following engrossed bills and resolutions, on their sec¬ ond reading were read, (the rules having been suspended,) a second and third time and passed, entitled to wit: " A bill to incorporate the Western North Carolina Mining, Smelting and Copperas Manufacturing Company," which was amended by striking out the name of D. W. Courts- A bill to incorporate the Silver Lead Mining Company ; A bill in favor of Gideon B. Threadgill, late Sheriff of An¬ son County ; A bill in favor of J. H. Allen ; A bill tSincorporate the Unacoy and Iliawassee Turnpike Company, in the counties of Cherokee and Clay ; A bili to allow M. L. F. Redd, late Sheriff" of Onslow County to collect taxes due him ; A bill in favor of Thomas J. Carr, late Sheriff of Duplin county; A bill to amend the Charter of the city of Raleigh A resolution in favor of Oscar D. Johnson, an inmate of the Insane Asylum; Resolution in favor of Drury King; 1862—'63.3 SENATE JOURNAL. 21 Resolution in favor of "W*. W. Long, Sheriff of Yadkin County; Resolution in favor of M. L. Brittain ; Resolution in favor of W. H. Bryson ; Resolution in favor of Chas. Byrd ; Resolution in reference to the Engrossing clerks ; and Resolution in favor of M. Walker, Sheriff of Rutherford County. The following bills and resolution were also read, under a suspension of the rules, a second and third time and passed, entitled, to wit: A bill to-incorporate Vestals Ford Toll Bridge Company 5 A bill concerning the State Educational Association of North Carolina; A bill to amend an act passed, 1844: and 1845, to incorpor¬ ate the town of Pittsborough, in the County of Chatham, and Resolution in favor of the Executrix of the late Judge, J. M. Dick. The bill entitled, " A bill concerning salt," was read a se¬ cond time, and on motion of Mr. Wiggins, laid on the table. The resolution entitled, " Resolution in favor of Mr. Kor- negay," was read a second time and rejected. On motion of Mr. Murrill the bill entitled, " A bill to raise Ten thousand volunteers for the defence of the State," was taken up, and Mr. Slaughter moved to postpone the same un¬ til Wednesday, 12 o'clock, which was agreed to. Mr. Hall moved to adjourn until Monday morning, 10 o'clock. Not agreed to. On motion of Mr. Matthews, the bill entitled, "A bill to se¬ cure the property of married women," was taken up ; and, on motion of Mr. Faison, said bill was made the special order for, and postponed until Tuesday next, 12 o'clock. On motion of Mr. Slaughter, the Senate adjourned until Monday morning;, 10 o'clock. 22 SENATE JOURNAL. [Session MONDAY, January 26, 1862.* Senate met at 10 o'clock, Mr. Lassiter, of Granville, in the chair. Prayer by Rev. Dr. Vm, Closs. s Mr. Warren asked leave of absence for the Principal clerk for the day, which was granted. Mr. Lindsay, from the Joint Select Committee, to wait, on His Excellency, the Governor, stated that His Excellency would meet the General Assembly in secret session, at 12 o'clock M., to-day. The engrossed bills, entitled as follows, were read a third time and passed, to wit: A bill to» legalize the acts of a County Court in Lincoln county. A bill authorizing the Governor to employ a messenger for the Executive department; and, A bill to amend the act ratified the 20th December, 1862, entitled, " An act to provide ways and means for supplying the Treasury." • A message was received from the House of Commons, that they transmit engrossed bills and resolutions, entitled, to wit: A bill to authorize and empower Isaac A Rue, late Sheriff of McDowell county, to collect arrears of taxes due said Sher¬ iff, for the years 1860 and 1861; A bill to amend " An act to empower the commissioners ot the town of Wilmington, to establish streets in said town, and for other purposes ; and, Resolutions to correct error on the Tax Roll of Burke county," «fec., which were read first time ; Resolution concerning flogging in the Confederate States' army, which was read first time and referred, on motion of Mr. Graham, to the Committee on Military Affairs ; A bill for the benefit of persons who have entered vacant lands, which was read first time, when the rules were sus¬ pended, on motion of Mr. Bagley, and the same having been 1S62-A33.] SENATE JOURNAL. 23 read a second time, was referred, on motion of Mr. Graham, to the Committee on Judiciary ; Resolution in favor of John A Long, which was read first time, when the rules were suspended, 011 motion of Mr. Leitch, and the same was read a second and third times, and passed. The engrossed bill entitled, " A bill to authorize incorpo¬ rated towns to lay an ad valorem tax on slaves," was read a third time, and Mr. Young moved to amend by adding as follows,-to wit: "An & provided further, That the valuation of slaves by any corporation shall not exceed that levied by the Revenue Laws of the State, for State purposes," which was agreed to. Said bill, on motion of Mr. Young, was laid on the table. The bill entitled " A bill to rate articles of prime neces¬ sity in the several counties of the State," was read a second time, and laid on the table, on motion of Mr. Lindsay. A message was received ^from. the House of Commons, that they invite the Senate to meet in the Commons Hall, at 12 o'clock, M., to-day, to receive, Ac., His Excellency,,the Governor, in secret session, which was agreed to. The Senate accordingly, at 12 o'clock, M., proceeded to the Commons Ilall, and the two Houses went into secret session, His Excellency the Governor being present. The Senate having resumed the consideration of business in open session, a message was received from the House of Commons, that they recommend certain persons to be ap¬ pointed and commissioned as Justices of the Peace for their several counties, which was agreed to, except as subse¬ quently modified. Mr. Young moved to add to the names of those recom¬ mended for Mecklenburg county, N. B. Taylor and G. W". McDonald; which was agreed to. The name of Daniel Ray of Sampson, was also added, on motion of Mr. Faison. Mr. Ellis moved to strike from the list recommended from Columbus, the names of Calvin C. Gore and A. B. Hill; 24 SENATE JOURNAL. [Session which was agreed to, and on his motion also, the name of Henry W. Hardy, of Watauga, was added. On motion of Mr. Patrick, Samuel R. Harper, of Greene ; J. B. Allison and D. D. Davis of Jackson, on motion of Mr. Smith of Macon ; Benjamin Leecraft and Bridgers Arendell of Caiteret, on motion of Mr. Arendell; John R Dnnn of Wake, on motion of Mr. Jones; John Berry, Allen Brown and Quentin A. Ward of Orange, on motioif of Mr. Graham, were added to said recommendation. Also, by Mr. Lindsay, for Currituck, W. S. Milrcer, Thomas Sanderlin, A. O. Dey, George Snowder, Israel Ayetette, Alexander Owens, Peter Forbes and H. E. Baxter, and for Camden, S. Chamberlaine, R. II. Berry, T. J. Etheridge, T. J. Nash, J. D. Burfoot, Al¬ fred Abbott and Mark Gregory ; by Mr. Dickson, for Duplin, J. W. Gillespie, Marshall B. Jones, B. D. Ford and A. O. Grady; by Mr. Warren, for Beaufort, Thos. D. Smaw, John S. McWilliams, B. F. Harding, John W. Litchfield, Riley Russ, J. W. L. Harvey, George Tankard and W. Windley ; by Mr. Bagley, for Pasquotank, John M. Matthews, Wm. W. Griffin, Dr. James N. Butt, James M. Whedbee, John L. Wood, Gardner Sawyer and Benjamin F. Jennings ; by Mr. Sharpe, for Alexander, E. M. Stevenson, S. H. Rogers, II. H. Dunn, W. S. Teague, John Rhem and Thos. Barnes ; by Mr. Slaughter, Zeplianiah Askew for Hertford, were added. Mr. Wright moved to add after the name of Geo. Holmes, of Cumberland, the words, "son of Archibald," and also, the names of John D. McArthur and Erasmus H. Evans, which was agreed to. Mr. Jarratt moved to add the name of N. H. Blackwood, of Surry; Mr. Murrill, the names of Daniel A. Hargett and Isaac N. Sanders, of Onslow; Mr. Whitford, B. E. Dudley, of Craven ; Mr. Ellis, the names of Shadrick Wooten and Wm. Bradly, of Bladen, also, D. S. Cower., J. H. Brooks and John R. Swain, of Brunswick, which motions severally were agreed to. On motion of Mr. Copeland, the name of James Lassiter as IS 62->63.] SENATE JOURNAL, 25 recommended for Northampton, was stricken out and the name of Wm. Boone inserted in lieu thereof. Resolutions in relation to prisoners confined in the military prison at Salisbury, were read a second time, and amended on motion of Mr. Warren, by inserting'in the first resolution, line 3rd, after the word "Salisbury," the words "citizens of North-Carolina and by inserting in 4th line after the word " department," the words, " after our soldiers are supplied," on motion of Mr. Drake. Mr. Morrill moved to add to section 1st, this proviso, to wit: "Provided, said prisoners are not able, by any means of their own, to furnish and pay for the same," pending which motion, Mr. Lindsay moved to adjourn until to-morrow morn¬ ing 10 o'clock, and the Senate adjourned accordingly. TUESDAY, January 27, 1863. The Senate met, Mr. Lassiter, of Granville, in the chair. Mr. Arendell, for the Committee on Propositions and Griev¬ ances, reported upon the bill entitled, " A bill concerning the county site of Mitchell county," and recommended that it do pass. Mr. Leitch, for the Committee on the Judiciary, reported upon the bill entitled, " A bill to modify an act entitled, ' An act to change ihe jurisdiction of the Courts and Rules of Pleading,' passed at. the second extra session of the Gen¬ eral Assembly, 1861, commonly called the Stay Law," and recommended that it do not pass. Mr. Warren, from the same committee reported upon, re¬ commending their passage, engrossed bill entitled, " A bill to amend the 46th Chapter of the Revised Code, 18th Sec¬ tion," and the bill entitled, " A bi'l regulating the service of process on the Southern Express Company." Mr. Smith, of Macon, introduced bills entitled, "A bill Por the protection and encouragement of the wool growing and pork raising interests of this State," which was read first time. SENATE JOURNAL. [Session Also, a bill to incorporate the Tuckaseege Mining Company; A bill to incorporate the Nantahala Mining Company ; A bill to incorporate the Macon county Mining Company, and, A bill to incorporate the Eranklin Mining and Manufac¬ turing Company, which were read severally first time and re¬ ferred, on his motion, to the Committee On Corporations. A message was received from the House of Commons, that they transmit engrossed, a bill and resolution, entitled, to wit: " A bill in favor of Isaac Arledge," and " Resolution in reference to the bounty of soldiers," which were read first time: also, a message that they transmit an engrossed bill entitled, "• A bill to incorporate the town of Marshall, in Ma¬ dison county, under the law for the better regulation of towns," and recommended A. M. Ledbetter, of Stanly coun¬ ty, as a Justice of the Peace, which was agreed to. The bill transmitted was read first time. A communication from the Executive Department of Geor¬ gia, with a message in relation thereto, was transmitted from the House, with a proposition to print, which was agreed to. Mr. Afendell introduced this resolution, to wit; Whereas, Yarious slanderous reports have been circulated both in the State and out of it, reflecting upon the loyalty of the members of this Legislature, and ascribing to them hos¬ tility to the Confederate Government, and a desire to re-con¬ struct the Union. Therefore, be it Resolved, That as the representatives of the people, and in our own behalf as individual citizens of the State, we protest against and denounce these accusations as utterly false in letter and in spirit, as calculated to misrepresent the sentiments of those who have never faltered in the support of all Constitutional measures for the prosecution of the war,> and as tending to produce jealousies and heart burnings among a people who have sealed their devotion to the cause of Southern Independence with their blood upon the proud¬ est battle fields of the Revolution ; that the charge of a de¬ sire on the part of this Legislature, or any portion of it, to 1862—'63.] SEN"ATE JOURNAL. 27 conflict with the Confederate Government, or to embarrass the President in the prosecution of the war, is grossly untrue, illiberal and slanderous; that we hereby pledge ourselves, most heartily and emphatically, to the most vigorous Consti¬ tutional war policy, promising in the name of North-Carolina the most liberal contribution of men and money to the sup¬ port of it, and protesting against any settlement of the strug¬ gle which does not secure the entire independence of the Confederate States of America. The resolution having been read, &c., Mr. Young moved to amend by substituting as follows, to wit: Resolved, That whatever may be said in regard to the loy¬ alty or disloyalty of the State of North-Carolina, the Legis¬ lature does not feel that any formal declaration is necessary on its part to show her true position, and, as evidence of her loyalty to the Confederacy, she points to her forces in the iield, their gallantry in battle, and her devotion of her means in support of the existing revolution. The hour (& twelve having arrived, the order of the day was postponed until the resolution under consideration shall have been disposed of, on motion of Mr. Smith, of Macon. Mr. Murrill moved to lay the amendment on the table, and asked thereon the yeas and nays and one-fifth agreeing: Those who voted in the affirmative, are, Messrs. Carroway, Copeland, Drake, Holeman, Murrill, Powell, Whitford, White and Young—9. Those who voted in the negative, are, Messrs. Arendell, Bagley, Blount, Brown, Dickson, Dick- erson, Ellis, Eure, Faison, Graham, Harris, Jarratt, Jones, Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith of Stanly, Taylor, of Chatham, Taylor, of Nash, Warren, Wiggins, Wooley and Wright—31. So the motion was not agreed to. Mr.*Smith, of Macon, asked the yeas and nays, on the ques¬ tion recurring upon the amendment, and one-fifth agreeing : Those who voted in the affirmative are, 28 SENATE JOURNAL.. [Session Messrs. Copeland, Drake, Holeman, Murrill, Powell, "Whit- ford, White and Young—8. Those who voted in the negative are, Messrs. Arendell, Bagley, Blount, Brown, Carroway, Dick¬ son, Dickerson, Ellis, Eure, Faison, Graham, Harris, Jarratt, Jones, Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, Simpson, Sharpe, Slaughter, Smith of Anson, Smith of Macon, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, War¬ ren, Wiggins, Wooley and Wright—32. So the substitute was not adopted. Mr. Ellis moved to amend by adding as follows, to wit: " Resolved, That all who think their loyalty questioned or doubted, can remove all such doubts by entering the army of the Confederate States ;" and asked the yeas and nays and 'one-fifth agreeing : Those who voted in the affirmative are, Messrs. Copeland, Ellis, Faison, Harris, Holeman, Morrill, Powell, Whitford, White and Young—10. Those who voted in the negative are, Messrs. Arendell, Bagley, Blount, Brown Carroway, Dick¬ son, Dickerson, Drake, Eure, Graham, Jarratt, Jones, Lassi¬ ter, Leitch, Lindsay, Matthews, Neal, Patrick, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, Warren, Wig¬ gins, Wooley and Wright—30. So the resolution was not adopted. The question now being on the adoption of the resolution, Mr. Wiggins asked for the yeas and nays, and one-fifth agree¬ ing : Those who voted in the affirmative are, Messrs. Arendell, Bagley, Blount, Brown, Dickson, Dick¬ erson, Ellis, Eure, Faison, Graham, Harris, Jarratt, Jones, Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, Powell, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Ma¬ con, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, Warren, Whitford, Wiggins, Wooley and Wright—33. l862-'63.] SENATE JOURNAL. 29 Those who voted in the negative are, Messrs. Carroway, Copeland., Drake, Murrill, White and Young—6. So the resolution was adopted. The following bills and resolutions, duly engrossed were transmitted to the House of Common#, entitled, to wit : A bill to incorporate Vestals Ford Toll Bridge Company ; A bill to amend an act passed 1844 and 1845, to incorpo¬ rate the town of Pittsborongh, in the county of Chatham ; A bill concerning the State Educational Association of North Carolina; A bill to amend the 18th Section of the 28th Chapter of the Revised Code, in relation to fees of Committees of Fi¬ nance ; Resolution in favor of L. L. Clements of Martin County ; Resolution in favor of the Executrix of the late Judge J. M. Dick, and Resolution in favor of Mary C. Gully. The following bills and resolutions, duly enrolled and sign¬ ed by/the Speaker of the House of Commons, having been transmitted to the Senate, were signed by the Speaker pro tern, entitled, to wit: An act to amend an act passed the present session of the General Assembly, entitled, "An act to amend the Ordinance of the Convention, entitled 'An Ordinance to make some provision for the families of soldiers dying in service'; ratifi¬ ed 22d February, 1862, and for other purposes." Resolution in relation to exchange of salt; An act to alter the time of holding the Courts of Pleas and 'Quarter Sessions, for the County of Stokes ; An act to admit proof of the hand writing" of attesting wit: nesses in certain cases ; An act to amend the 1st, 12th and 23d sections of Chapter 17th of the acts for 1860 and 1861; an act for the Relief of Landlords. Resolution in reference to the purchase of a machine, for the manufacture of cotton cards, &c.; 30 SENATE JOURNAL. [Session Resolution authorizing the door-keeper of the House to pur-* chase a Flag of the Confederate States of America, &c.; Resolution in favor of Rufus Galloway and his sureties; An act for changing the time of holding the Probate court, for Rutherford county ; and An act to change the time of holding the Courts of Plea* and Quarter Sessions, in the County of Ashe. Mr. Graham, by leave, introduced bills entitled, " A bill to provide for the completion of the claims of North-Carolina, against the Confederate Government, and for other purpo¬ ses," which was read first time and referred on his motion, to the Committee on Finance, and A bill to amend the Revised Code in relation to habeas cot'* pus, which was read first time and referred, on his motion, to the Committee on the Judiciary, and on motion of Mr. Warren, was ordered to be printed. The Chair announced, as the Committee on Enrolled Bills, Messrs. Whitford, Taylor, of Chatham and Patrick; and as the Select Committee, to whom was referred the bill entitled, " A bill to amend an act passed at this session of the General Assembly, entitled, ' An act for the relief of our sick and wounded soldiers,'" Messrs. Warren, Sharpe, Arendell, Blount and Eure. Mr. Simpson, by leave, introduced a bill entitled, " A bill to permit free person^ of African descent, to select their own masters and become slaves," which was read first time, and referred, on his motion, totlm Committee on the Judiciary. The order of the day being, the bill to secure the property of married women, was taken up and read second time. Mr. Murrill moved to amend by inserting in section 5th, 1 ine 5th, after words "■ entitled to," the words, " an equal di- > ision with such child or children in the entire personal es- t ate, to have the same absolutely. If she die intestate, leav- i lg no children, then the husband shall be the sole heir to her ( ntire estate, both real and personal," which was agreed to. Mr. Copeland moved to amend by striking out all after the vord " thereof," in line 6th, section 3d. l862-'63.] SENATE JOtTRNAt. 01 On motion of Mr. Euer, the Senate adjourned until 10 o'clock to-morrow morning. WEDNESDAY, January 28, 1863. ^ The Senate met, Mr. Lassiter of Granville, in the chair. Prayer by Rev. Mr. Skinner. On motion of Mr. Eure, a message wa^sent to the House 0f Commons, that the Senate recommend to be appointed Jus¬ tices of the Peace for Chowan county 2 Horatio Bass, Wm. S. Hedrick, West R. Leary, "West Leary, Robt. W. Winborn, Richard Simpson, W. C. Wood, James McCoy, Benj. Thatch and James Norfleet; and a message was received from the House, that they agree thereto. Montraville Patton, Senator elect from the 49th District, to supply the vacancy occasioned by the resignation of W. M. Shipp, presented a certificate of election, and qualified according to law. A message from the House of Commons was received, that they transmit engrossed resolutions, to wit: Resolutions vindicating the loyalty of the State of North- Carolina and its General Assembly; which were read. Mr. Murrill moved to postpone the same until Monday next; which was not agreed to. Mr. Sharpe asked for the yeas and nays on the question of adopting the resolutions, and one-fifth agreeing thereto: Those who voted in the affirmative are, Messrs. Adams of Davidson, Arendell, Bagley, Blount, Brown, Dickson, Dickerson, Ellis, Eure, Faison, Graham, Harris, Jarratt, Lane, Jones, Leitch, Matthews, Neal, PattonL Patrick, Sanders, Simpson, Sharpe, Slaughter, Smith of An¬ son, Smith of Macon, Smith of Stanty, Taylor of Chatham, Warren, Whitford, Wiggins, Wooley and Wright—33. Those who voted in the negative are, Messrs. Carroway, Drake, Hall, Murrill, Powell, White, Young T. 32 SENATE JOURNAL. [Session So the resolutions were adopted. Resolution in favor of George Credle, and resolution in re¬ lation to an adjournment, sine die, of the General Assembly; which were read first time. The latter resolution, on motion of Mr. Graham, was laid on the table. Mr. Young, from the Joint Select Committee to whom was referred communications from the Executive Departments of South-Carolina, Alabama and Elorida, relating to a guarantee of the debt of the Confederate States, and resolutions enti¬ tled "Resolutions relating 10 the currency," reported a bill entitled " A bill authorizing the Governor to endorse the guarantee of the State upon bonds of the Confederate Gov¬ ernment ; which was read first time. Mr. Graham, for the Committee on Finance, reported upon and recommended the passage of the bilLentitled "A bill to provide for the completion of the claim of North-Carolina against the Confederate Government, and for other purposes. Mr. Slaughter introduced a bill entitled "A bill to amend the ' Militia Billwhich was read first time and referred, on his motion, to the Committee on Propositions and Griev¬ ances. Mr. Murrill, for the Committee on Claims, reported a reso¬ lution, entitled "A resolution authorizing the Treasurer to pay certain claims (herein specified) allowed by the Board of Claims;" which was read first time, when, on motion of Mr. Leitch, the rules were suspended, and the same was read a second and third times and passed. Mr. Ellis introduced a bill entitled, "A bill to enroll free negroes, and put them in the service as cooks," which was read first time, and referred to the Committee on Military Affairs. The bill entitled, "A bill to secure the property of married women," was taken up, and the amendment pending, propos¬ ed by Mr. Copeland was agreed to. Mr. Eure moved to amend by striking out section 5th, and inserting as follows, to wit: " That at the death of any mar- 1862-63.] SENATE JOURNAL. 33 ricd woman, leaving a child or children living, the husband shall be entitled to an equal share with such child or children in the entire personal estate, and shall have the same abso¬ lutely. But, if she die, leaving no child or children, then the husband shall have her entire estate, real and personal, abso¬ lutely," which was adopted. Mr. Wiggins moved to amend by striking out in line 4, section 1, the word " all," and inserting words " one-half," which was not agreed to. On the question of the passage of the bill on its second reading, Mr. Faison asked for the yeas and nays, and one- fifth agreeing: Those who voted in the affirmative are, Messrs. Arendell, Blount, Brown, Dickson, Drake, Ellis, Eure, Faison, Harris, Jones, Lane, Murril)? Smith, of Anson, Taylor, of Nash, and Wooley—15. Those who voted in the negative are, Messrs. Adams, of Davidson, Carroway, Copeland, Graham, Hall, Holeman, Jarratt, Leitch, Lindsay, Matthews, Neal, Patton, Powell, Sanders, Simpson, Sharpe, Slaughter, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, Whitford, Wiggins, Wright and Young—25. So the bill did not pass. A message was received from the House of Commons, that they transmit a bill entitled, " A bill to amend the charter of the Chatham Railroad Company," which was read first timfi and referred, on motion of Mr. Murrill, to the Committee pn Internal Improvements. The order of the day, being the bill entitled "A bill to .raise ten thousand volunteers for the defence of the State," was taken up; Mr. Lane's amendment pending, Mr. Eure' offered, a substitute therefor, which was read. x ' On motion of Mr. Bagley, the Senate adjourned until to¬ morrow morning, 10 o'clock. 3 34 SENATE JOURNAL. [Session THURSDAY, Januatsy 29, 1863. A message from the Ilonse of Commons was received, that they transmit the following entitled, enrolled, bills and reso¬ lutions, signed by the Speaker thereof, and the same were signed by the Speaker pro tempore of the Senate, to wit: A bill to incorporate the Silver Lead Mining Company ; Resolution in reference to the Engrossing Clerks ; Resolution in favor of Gideon R. Threadgill, late Sheriff of Anson County; Resolution in favor of W. W. Long, Sheriff of Yadkin County; Resolution in favor of M. Walker, Sheriff of Rutherford County; Resolution in favor of Drury King; Resolution in favor of W. IT. Bryson; A resolution in favor of Oscar D. Johnson, an inmate of the Insane Asylum ; Resolution in favor of John Fisher; ' Resolution in favor of John A. Long; A resolution in favor of M. L. Brittain ; A bill to incorporate the Unacoy and Iliawassee Turnpike 'Company, in the counties of Cherokee and Clay; A bill to amend the charter of the City of Raleigh ; A bill to authorize the Governor to employ a messenger Tor the Executive Bepaitmuiit; A bill in favor J. II. Allen ; A bill for the relief of Win. E. Mann, late Sheriff of Pas¬ quotank county; Resolution in favor of Charles Byrd ; A bill to incorporate the Western North-Carolina Mining, Smelting and Copperas Manufacturing Company ; A bill to amend the act ratified 20th December, 1862, en¬ titled " An act to provide ways and means for supplying the Treasury;" A bill to allow M. L. E. Redd, late Sheriff of Onslow, to collect taxes due him; 1862-53.] SENATE JOURNAL. 35 A bill to establish a Female Seminary in Davidson county by the name of Beatavilla ; A bill in favor of Thomas Carr, late Sheriff of Duplin county; And a bill to legalize and confirm the acts and judicial proceedings of a County Court, held in Lincoln County. The following resolutions, engrossed, were transmitted to the House of Commons, entitled, to wit: "A resolution authorizing the Treasurer to pay certain claims (herein specified) allowed by the Board of Claims;" And " Resolutions protesting against and denouncing accu¬ sations made against the loyalty of the people of North-Caro¬ lina and their Representatives in the General Assembly." A message was received from the House of Commons, that they transmit engrossed resolutions entitled, "A resolution in favor of Wm. L. Shannon," which was read first time, and on motion of Mr. Bagley, the rules were suspended, and the same was read a second and third times and passed ; " A resolution in favor of Daniel Tucker," which was read -first time and the rules having been suspended, on motion of Mr. White, the same was read a second and third times and passed ; And, " A bill for the relief of the wives and families of sol¬ diers in the anny," which was read first time and referred, on motion of Mr. Wiggins, to the Committee on Propositions and Grievances. Mr. Smith, of Macon, from the Committee on Internal Im¬ provements, reported back the bill entitled, "A bill to amend the charter of the Western Plankroad," and asked to be dis¬ charged from its further consideration. The Committee were so. discharged, and said-bill, on motion of Mr. Smith, of Ma¬ con, was laid on the table; also, upon the bill entitled, " A bill to amend the charter of the Chatham Railroad Company," recommending that it do pass. Said bill, on motion of Mr. Taylor, of Chatham, was made the special order for to-mor¬ row, 12 o^clock. Mr. Slaughter, for the Committee on the Judiciary, report- 36 SENATE JOURNAL. [Session ed upon the bill entitled, " A bill to permit free persons of African descent, to select their own masters and become slaves," recommending that it do not pass. Mr. "Wright, for the same committee, reported upon the bill entitled, " A bill to increase the pay of jurors and wit¬ nesses," recommending that it do not pass. Mr. Young, for the Committee on Military Affairs, reported upon the resolution entitled, " Resolution condemning flog¬ ging in the Confederate States Army," and recommended an amendment thereto, and, upon the bill entitled, " A bill for the benefit of the families of soldiers dying in the service," recommending that it do not pass. Mr. Eure, from the same Committee, reported upon the bills entitled, " A bill to raise a mounted police guard for Brunswick County;" and "A bill to provide a reserve force for State defence," recommending that they do not pass. On motion of Mr. Graham, a message was sent to the House of Commons, that the Senate proposes to ballot for nine Trus¬ tees of the University, to-morrow at 1 o'clock. The bill entitled ''A bill to raise ten thousand volunteers for the defence of the State," was taken up, and the question being on the pending amendment proposed by Mr. Lane, Mr. Lindsay moved to amend the amendment, by adding the words " so far as it applies to men up to forty years of age," and Mr. Lane asked thereon the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative arej Messrs. Arendell, Bagley, Jones, Lindsay and Warren—5. Those who voted in the negative are, Messrs Adams of Davidson, Adams of Guilford, Blount, Brown, Carroway, Copeland, Dickson, Dickerson, Drake, Ellis, Eure, Eaison, Graham, Hall, Harris, Hole man, Jarratt, Lane, Leitch, Matthews, Murrill, Neal, Patton, Patrick, Powell, Sanders, Simpson, Sharpe, Slaughter, Smith of An¬ son, Smith of Macon, Smith of Stanly, Taylor of Chatham, Taylor of Nash, Whitford, White, Wiggins, Wooley, Wright and Young—40. 1862-'63.] SENATE JOURNAL. 3T So the amendment to the amendment was not adopted. The question.recurring on the amendment, Mr. Lane asked for the yeas and nays, and one fifth agreeing thereto: Those who voted in the affirmative are, Messrs. Brown, Carroway, Copeland, Dickson, Drake, Ellis, Eure, Faison, Hall, Harris, Holeman, Lane, Murrill, Powell, Simpson, Smith of Anson, Smith of Stanly, Taylor of Nash, Whitford, White, Wiggins and Young—22. Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Bagley, Blount, Dickerson Graham, Jarratt, Jones, Leitch, Lindsay, Matthews, Neal, Patton, Patrick, Sanders, Sharpe, Slaughter, Smith of Macon, Taylor of Chatham, Warren, Wooley and Wright—23. So the amendment was not adopted. The question being now put on the substitute proposed by Mr. Eure, Mr. Adams of Davidson asked for the yeas and nays, and one-fiftli agreeing thereto: Those who voted in the affirmative are, Messrs. Carroway, Copeland, Dickson, Drake, Ellis, Eure, Faison, Hall, Harris, Holeman, Lane, Murrill, Powell, Smith of Anson, Taylor of Nash, White, Wiggins and Young—18. Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Aren¬ dell, Bagley, Blount, Brown, Dickerson, Graham, Jarratt, Jones, Leitch, Lindsay, Matthews, Neal, Patton, Patrick, Sanders, Simpson, Sharpe, Slaughter, Smith of Macon, Smith of Stanly, Taylor of Chatham, Warren, Whitford, Wooley and Wright—27. So the substitute was rejected. The question now recurring on the passage of the bill on its second reading, Mr. Lane asked for the yeas and nays, and ' one-fifth agreeing thereto: Those who voted in the affirmative are, Messrs. Adams of Davidson, Arendell, Bagley, Blount, Eure, Jarratt, Jones, Lindsay, Matthews, Patrick, Sanders, 38 SENATE JOURNAL. [Sessions Sharpe, Slaughter, Smith of Macon, Taylor of Chatham, Warren, Whitford and Wooley—18. Those who voted in the negative are, Messrs. Adams of Guilford, Brown, Carroway, Copeland, Dickson, Dickerson, Drake, Ellis, Faison, Graham, Hall,. Harris, Holeman, Lane, Leitch,Murrill,Neal, Patton, Powell, Simpson, Smith of Anson, Smith of Stanly, Taylor of Nash,. White, Wiggins, Wright and Young—2*7. So the bill did not pass. On motion of Mr. Graham, the bill entitled tc A bill to modi¬ fy an act entitled 'an act to change the jurisdiction of the Courts and the Rules of Pleading,' passed at the second ex¬ tra session of the General Assembly, 1861, commonly called the Stay Law," was made the special order for Saturday, 11 o'clock. On motion of Mr. Young, the bill entitled "A bill to au¬ thorize incorporated towns to Tay an ad valorem tax on slaves,"' was taken off the table to take its place on the calendar. The engrossed resolutions, entitled ''Resolutions in relation to prisoners confined in the military prison at Salisbury,"' were read a second time, Mr. Mnrrill's amendment pending. Mr. Graham moved to strike out the first resolution ; which was agreed to. The resolutions were then informally passed over. Mr. Leitch, from the Committee on the Judiciary, reported upon the bill entitled "A bill for the benefit of persons who have entered vacant lands," and recommended amendments thereto. Said bill was taken up and read a second time, and the amendments recommended adopted, to wit r after the word " enemy " in the second line insert the words, " or that may hereafter be in possession of the enemyand in the eighth line strike out the word " peace," and insert the words, u this act," and add the following section, to wit: "jBe it further enacted, That the beneficial provisions of the foregoing section shall extend to all persons in the military 1862-^65.] SENATE JOUBNAL. service of the State or Confederate Government, or who may hereafter enter the sained' The bill as amended passed and was read a third time, the rules having been suspended, on motion of Mr. Leitch. Mr* Lindsay introduced a resolution, to wit: liesolved, That a message be sent to the House of Commons proposing to adjourn, sine die, oh Monday next, at 12 o'clock M. Mr. Eure moved to lay on the table, and on this question Mr. Lindsay asked for the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative are, Messrs. Adams of Davidson, Adams of Guilford, Bagley, Blount, Dickson, Drake, Ellis, Eure, Graham, Hall, Jarratt, Jones, Patton, Patrick, Simpson, Sharpe, Smith of, Anson, Smith of Macon, Smith of Stanly, Taylor of Chatham, White, Wiggins, Wright and Young—24. Those voted in the negative are, Messrs'. Brown, Carroway, Copeland, Dickerson, Faison, Harris, Iloleman, Lane, Leitch, Lindsay, Matthews, Murrill, Heal, Powell, Sanders, Slaughter, Taylor of Hash, Warren and Whitford—19. So the resolution was laid on the table. 'The engrossed bill entitled " A bill to amend the 46th chapter of the Bovised Code, 18th section," was read a second time and passed, when, on motion of Mr. Warren the rules were suspended and the same was read a third time and passed. On motion of Mr. Sanders, at message was sent to the House of Commons, that the Senate does insist upon the amendment made to the bill entitled " A bill in relation to Justices of Johnston County." Mr. Lane introduced a resolution entitled " Resolution in favor of L. W. Kornegay," which was read first time and referred, on his motion to the Committee on Claims. Mr. White for the Committee on propositions and grievan- 40 SENATE JOURNAL. [Session ces, reported upon the bill entitled "A bill authorising the' Public Treasurer to repay the bounty money refunded or withheld from men discharged under the Conscript Act of April 21st, 1862," and recommended that it do not pass. Mr. Hall recommended the appointment of John C.Wood as a Justice of the Peace for New Hanover County, which was agreed to, and a message in relation thereto was sent to the House of Commons. The bill entitled " A bill to amend an act to empower the Commissioners of the town of Wilmington to establish streets in said town and for other purposes," was taken up on motion of Mr. Hall and read a second time and passed, when the rules were suspended and the same was read a third time and passed. On motion of Mr. Lane, the resolution entited " Resolution in favor of Rufus Galloway and Lewis Williamson," was taken up. Said resolution was read a second time and amended on motion of Mr. Lane by inserting the name of Elias Barnes, late Sheriff of Wilson County, and also, on motion of Mr. Leitch, by inserting the name of Reuben King, Sheriff of Robeson County, and as amended passed, and the rules having been suspended the same was read a third time and passed. The bill entitled " A bill to authorise incorporated towns to lay an ad valorem tax on slaves," was read a third time and passed. The resolution entitled "Resolution in favor of George Credle " was taken up on motion of Mr. Warren, read a sec¬ ond time and passed, and the rules having been suspended was read a third time and passed. On motion of Mr. Hall, the bill entitled "A bill to author¬ ise Malcolm Mclnnis to distill from grain the article of alcohol for mechanical and medical purposes," was taken up and rend a'second time. The amendments recommended by the Committee on Propo¬ sitions and Grievances were adopted, to wit: add after the word " court," at the end of section 4, the words " said 1862—'63.] SENATE JOURNAL. 41 imprisonment not to be less than six months and to forfeit the privileges of distillation as granted in this act, and add the, following section: Sec. 5. Be it further enacted, That the profits upon the alcohol thus made and sold shall not exceed seventy-five per cent; and section five shall be numbered section six." The bill as amended passed its second reading. Mr. Hall moved to suspend the rules in order that said bill might be read a third time, and it was not agreed to. Mr. Graham moved that a message be sent to the House of Commons, that George Davis, Wm. A. Wright, J. G. Shep¬ herd, W. B. Wright, Alexander Wilson, J. W. Osborne, F. E. Shober, M. L. Wiggins and David Outlaw, have been no¬ minated for Trustees of the University, which was agreed to; and to said nominations were added the names of Thomas J. Wilson, by Mr. Matthews ; Oliver H. Dockery, and Thomas Morrisey, by Mr. Leitch ; James W. Bryan, by Mr. Warren ; L. C. Edwards and John Pool, by Mr. Bagley ; Dr. Edward Warren, by Mr. Arendell; W. J. Montgomery, by Mr. Woolcy; John A. Young, by Mr. Hall; Wm. IE. Bobbitt, and Kemp P. Battle, by Mr. Taylor of Chatham; Col. Bryan Grimes, by Mr. Young ; Col. R. C. Puryear, by Mr. Jarratt, and Z. B. Vance, by Mr. Smith of Macon. The bill entitled, " A bill to provide for the completion of the claim of North-Carolina against the Confederate Govern¬ ment, and for other purposes," was read a second, time and passed; and the rules having been suspended, on motion of Mr. Graham, the same was read a third time and passed. The engrossed bill entitled, " A bill to legalize the pro¬ ceedings of a County Court in Henderson County," was read second time and passed, when the rules were suspended on motion of Mr. Patton, and the same was read a third time and passed. The engrossed resolution and bills, entitled, " Resolution in reference to the bounty of soldiers ;" A bill regulating the service of process on the Southern Express Company," and " A bill for the protection and encouragement of the wool 42 SENATE JOURNAL. [Session growing and pork raising interests of this State," were read a second time and passed. The bill entitled, " A bill authorizing the Governor to en¬ dorse the guarantee of the State upon bonds of the Confeder¬ ate Government," was read a second time, and, on motion of Mr. Slaughter, ordered to be printed. The Senate adjourned until to-morrow morning, 10 o'clock, on motion of Mr. Slaughter. FRIDAY, January 30, 1863. Prayer by the Rev. Mr. Hardie. The resolution entitled, "Resolution in favor of RufnsGal¬ loway, Lewis Williamson, Elias Barnes and Reuben King," and the bill entitled, " A bill to provide for the completion of the claim of North-Carolina against the Confederate. Govern¬ ment, and for other purposes," were transmitted, duly en¬ grossed, to the House of Commons. Mr. Arendell, from the Committee on Corporations, report¬ ed upon bills, entitled, to wit: A bill to incorporate the Tuckasegee Mining Company. A bill to incorporate the Nantahala Mining Company ; A bill to incorporate the Macon County Mining Co.; and, A bill to incorporate the Franklin Mining and Manufactur¬ ing Company, recommending severally their passage ; also, for the Committee on Propositions and Grievances, upon the bill entitled, " A bill to amend the " Militia Bill," recom¬ mending that it do pass. Resolutions vindicating the loyalty of the State of North- Carolina, and its General Assembly," were transmitted duly enrolled and signed by the Speaker of tli House of Commons from said House, and the same were signed by the Speaker fro iem, of the Senate. Mr. Adams, of Guilford, introduced a resolution instructing the Committee on the Judiciary to enquire into the expedi¬ ency of providing by law, that Justices of the County Courts granting special letters of administration, may also hear peti¬ tions for the years' support of widows, and make orders on 18G2-,63.] SENATE JOURNAL. 43 the same, ihe proceedings being returnable to the next ensu¬ ing County Court, which was adopted. Mr. Wright introduced a resolution entitled, " Resolution authorizing Hector McNeil, Sheriff of Cumberland County, to collect arrearages of taxes," which was read first time, when, the rules were suspended, and the same was read a se¬ cond and third times and passed. A message was received from the House of Commons, that they agree to the proposition to go into an election for nine Trustees of the University, at 1 o'clock, Friday, the 30th inst., and that Neil McKay, John W. Cameron, W. W. Lenoir, Purdie Richardson, Jarvis Buxton, Samuel Lander, Jr., Sam¬ uel F. Phillips, D. M. Carter, Thomas I. Faison, E. B Withers, Wm. Sloan, D. A. Barnes, W. J. Houston, D. H. Hill, Thos. L. Skinner, and W. P. Taylor, are in nomination; therefor, also, that, they appoint Messrs. Foust and Henderson, com¬ mittee on their part, to superintend the election. The Charman appointed Messrs. Taylor, of Chatham, and Leitch, as said committee on the part of the Senate. The bill entitled " A bill regulating the service of process on the Southern Express Company," was read a third time and passed. The resolution entitled "Resolution in reference to the bounty of soldiers," was read a third time and passed, and, on motion of Mr. Ellis, reconsidered. . The following entitled bills were read and laid on the table, to wit: A bill for the protection and encouragement of the wool growing and pork raising interests of this State, on motion of Mr. Smith, of Macon ; A bill to raise a mounted police guard for Brunswick coun¬ ty, on motion of Mr. Eure ; And a bill to provide a reserve force for State defence, on motion of Mr. Sharpe. The following entitled bills were read a second time and rejected, to wit: A bill to increase the pay of jurors and witnesses; A bill for the benefit of soldiers dying in the service; 44 SENATE JOURNAL. [Session And a bill authorizing the Public Treasurer to repay the bounty money refunded or withheld from men discharged under the conscript act of April 21, 1862. The resolutions entitled " Resolutions to correct error on Tax Roll of Burke county, &c.," were read a second time and passed. Mr. Young introduced a bill entitled "A bill to amend an ordinance of the Convention entitled ' An ordinance to char¬ ter the Piedmont Railroad Company,'" which was read first time, and Mr. Young moved to suspend the rules, which was not agreed to. The bill entitled "A bill to permit persons of African de¬ scent to select their own masters and become slaves," was read a second time and passed. Mr. Matthews moved to suspend the rules and it was not agreed to. On motion of Mr. Graham, a message was sent to the House of Commons, that the Senate ask their concurrence in a recommendation of Octavius Hooker, as a Justice of the Peace for Orange county. The engrossed resolution entitled " Resolution concerning flogging in the C. S. Army," was read second time, and the report of, and amendment proposed by, the Committee on Military Affairs. Mr. Eure moved to lay on the table said resolutions, and thereon Mr. Bagley asked for the yeas and nays, and one- fifth agreeing: Those who voted in the affirmative, are, Messrs. Carroway, Dickson, Drake, Eure, Holeman, Out¬ law, Powell, Taylor of Nash, Whitford, White and Young—11. Those who voted in the negative, are, Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, Bagley, Blount, Brown, Dickerson, Ellis, Faison, Graham, Harris, Jarratt, Jones, Leitch, Lindsay, Matthews, Murrill, Neal, Patton, Sanders, Simpson, Smith of Anson, Smith of Stanly, Taylor of Chatham, Warren, Wiggins, Wooley and Wright—28. So the motion did not prevail. 1862-63.] SENATE JOURNAL. 45 The question being on the amendment recommended bj the Committee on Military Affairs, to wit: To strike out the words "bucking" and "gagging," it was not agreed to. Mr. Ellis moved to amend by adding words, " and also that the right of trial by jury in the army, be adopted as in cases of trial at common law," which was not agreed to. The order of the day was postponed until the resolution under consideration shall have been disposed of, on motion of Mr. Wiggins. Mr. Ellis moved to recommit, and it was not agreed to. The question being on the passage of the resolution oil its second reading, Mr. Matthews asked for the yeas and nays, and one-fifth agreeing thereto: Those who voted in the affirmative are, Messrs. Adams of Davidson, Arendell, Bagley, Blount, Brown, Dickerson, Ellis, Faison, Jarratt, Leitch, Lindsay, Matthews, Murrill, Neal, Patton, Sanders, Slaughter, Smitli of Macon, Taylor of Chatham, Taylor of Nash, Warren, Wiggins and Wooley—23. Those who voted in the negative are, Messrs. Adams of Guilford, Carroway, Cop el and, Dickson, Drake, Eure, Graham, Hall, Harris, Holeman, Jones, Out¬ law, Powell Simpson, Sharpe, Smith of Anson, Smith of Stanly, Whitford, White, Wright and Young—21. , So the resolution was adopted. A message was received from the House of Commons, that they transmit engrossed bills entitled " A bill for the relief of the citizens of Alleghany county; " A bill to be entitled an act supplemental to, and declaratory of, an act ratified December 20th, 1862, entitled 'An act to provide ways and means for the Treasury, and to repeal a portion of an ordi¬ nance of the State Convention, ratified 19th February, 1862.'" The former bill was read first time, when the rules were suspended on motion of Mr. Sharpe, and the same was read a second and third times and passed. The order of the day being the bill entitled "A bill to 46 SENATE JOURNAL. [Session amend the charter of the Chatham Railroad Company," was read a second time. The hour having arrived for the execution of the joint or¬ der to proceed to the election of Trustees of the University, the Senate proceeded to ballot therefor, under the superintend¬ ence of the committee appointed. The order of the day, on motion of Mr. Yonng, was post¬ poned until the return of the committee to superintend the election of Trustees ot the University just had. A message was received from the House of Commons, that they agree to the amendment made by the Senate to the House engrossed bill, entitled "A bill to authorize incorpo¬ rated towns to lay an ad valorem tax on slaves," and to the amendments made also to House engrossed bill entitled "A bill for the benefit of persons who have entered vacant lands;" also, that they recede from their disagreement to the Senators amendment to House bill, entitled a bill in relation to the Justices of Johnston county;'" and the said bills are or¬ dered to be enrolled. Another message was received from the House, that they transmit a list of the names of persons recommended as Jus¬ tices of the Peace for their several counties; which was agreed to. The Senate adjourned until to-morrow morning 10 o'clock. SATURDAY, January 31, 1863. Prayer by Rev. Mr. Lansdale. Mr. Gfraham introduced a bill entitled " A bill to amend the law relative to the hours of keeping open the public offi¬ ces in the Capitol," which was read first time. Mr. Hall introduced a bill entitled " A bill to alter the rules of law relative to the probate of wills," which was read first time, when, on bis motion, the rules were suspended and the same was read a second and third time and passed. The resolution authorising Hector McNeil, Sheriff of Cuin- 1862—'63.] SENATE JOURNAL. 47 berland County, to collect arrearages of taxes," and a bill regulating the service of process on the Southern Express Company, were transmitted engrossed to the House of Com¬ mons. The engrossed bill entitled "A bill to be entitled 'An act supplemental to and declaratory of an act ratified December 20th, 1862, entitled " An act to provide ways and means for the Treasury and to repeal a portion of an ordinance of the State Convention, ratified 19th February, 1862," was read first time. Mr. Smith, of Stanly, introduced a resolution entitled "A resolution to authorize the Governor to appoint a commissioner to visit the various regiments in North Carolina and inquire as to their condition, which was read first time. Mr. Adams, of Guilford, introduced a bill entitled " A bill to incorporate the North Carolina Christian Advocate Joint Stock Publishing Company," which was read first time and referred, on his motion, - to the Committee on Corporations. Mr. Patton introduced a bill entitled " A bill amending an *.j act to incorporate the town of Asheville," which was read first time and referred, on his motion, to the Committee on Corporations ; also Mr. Patton "presented a memorial from Henry T. Wolstenholmes, praying to be allowed certain claims for clothing, &c., furnished soldiers, which were not audited or allowed by the late Board of Claims, and the same on his motion was referred to, the Committee on Claims. Mr. Leitch from the Committee to superintend the election of Trustees of the University, reported that Hon. Jesse G. Shepherd, Neil McKay and Dr. Edward Warren, received a majority of all the votes cast, and are elected ; that no one of the other persons voted for did repeive a majority of, the whole number of votes cast, and as to said persons there is no election. A message was received from the House of Commons, that W. W. Young is recommended as a Justice of the Peace for Guilford county, and others as Justices for Bertie county. The Senate agreed as to the former recommendation, and 48 SENATE JOURNAL. [Session the message, as to the recommendation for Bertie, was laid on the table, on motion of Mr. Outlaw. The bills entitled, " A bill concerning the County site of Mitchell County," and " A bill in favor of Isaac Arledge," and the resolution entitled, "Resolution in favor of A. C. La¬ tham, Sheriff of Craven county," were read a third time and passed. A message was received from the House of Commons, that they have passed the Senate resolution entitled, " Eesolution in favor of Rufus Galloway, Lewis "Williamson, Elias Barnes and Reuben King," by including Hector McNeil, Sheriff of Cumberland, E. D. Davis, Sheriff of Jackson, W. AV. Long, late Sheriff of Yadkin, W. Haymore, Sheriff of Surry coun¬ ty, J. L. Keener, tax collector for Cherokee, W. W. Grier, late sheriff of Mecklenburg; J. R. Grady, Sheriff of Harnett; Sidney Deal, late Sheriff of Watauga, R. V. Blackstock, tax collector, of Brunswick, and Thos. J. Carr. Sheriff of Duplin, which was agreed to. Mr. Warren, from the Committee on the Judiciary, report¬ ed upon the bill entitled, "A bill to amend the Revised Code, in relation to habeas corpus" recommending an amendment thereto. Leave of absence was granted to Mr. Lindsay, until Wed¬ nesday next, on motion of Mr. Slaughter, and to the Reading Clerk, on motion of Mr. Hall, until the same day. The further consideration of private bills, was postponed, and the consideration of the bills entitled, " A bill to amend the charter of the Chatham Railroad Company," was re¬ sumed. Mr. Arendell moved to amend by adding a section, to wit: Be it further enacted, That the guage of said road shall be the North-Carolina guage. The amendment was adopted. Mr. Wiggins moved to amend by striking out in line 9 and 10th section, "Five hundred thousand dollars," and insert¬ ing " Two hundred and fifty thousand dollars," which was agreed to. 1862-'63.] SENATE JOURNAL. 49 On the passage of the bill, its second reading, Mr. Brown asked for the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Dickerson, Ellis, Eure, Faison, Graham, Ilall, Harris, Holeman, Jarratt, Jones, Lassiter, Leitch, Murrill,Neal, Patton, Simpson, Sharpe, Smith of Anaon, Smith of Macon, Smith of Stanly, Taylor of Chatham, Taylor of Nash, "White, Wiggins, Wooley, Wright and Young—30. Those who voted in the negative are, Messrs. Bagley, Blount, Brown, Carroway, Drake, Lane, Matthews, Outlaw, Patrick, Powell, Sanders, Slaughter, War¬ ren and Whitford—14. So the bill as amended passed its second reading. Mr. Graham presented a petition of the Piedmont Railroad Company, praying that the 31st section of their charter be so amended as to allow the guage of their Railroad to be the same with that of the Richmond and Danville Railroad, which, on his motion, was laid on the table. The order of the day being the bill entitled " A bill to mod¬ ify an act entitled (An act to change the jurisdiction of the courts, and the rules of pleading, passed at the second extra session of the General Assembly, commonly called the Stay Law,'" was read a second time. Leave of absence was granted to Mr. Ellis, on motion of Mr. Hall. On motion of Mr. Graham, the Senate adjourned until Monday morning, 10 o'clock. MONDAY, February 2, 1863. Prayer by Rev. Mr. Lansdale. The following bills and resolutions, duly engrossed, were transmitted to the House of Commons, to wit: A bill concerning the County site of Mitchell County; 4 50 SENATE JOURNAL. [Session A bill to alter the rules of law in relation to the probate of wills; Resolution in favor of A. C. Latham, Sheriff of Craven County. A message was received from the House of Commons, that they transmit engrossed bills and resolutions, to wit: A bill to legalize the proceedings of a County Court, held in Catawba Cdunty, which was read first time, when the rules were suspended, on motion of Mr. White, and the same was read a second and third times and passed; A bill to prevent the property of soldiers from being at¬ tached ; A bill to appoint commissioners to sell old jail in Wilkes Slaughter, Smith of Anson, Smith of Stanly, Taylor of Nash, "Warren, Wiggins and Young.—25. Those voted in the negative are, Messrs. Adams of Davidson, Blount, Dickerson, Eure, Har¬ ris, Holeman, Lane, Murrill, Neal, Patton, Powell, Simpson, Smith of Macon, Whitfcrd and White—15. So the bill was laid on the talfie. The bill entitled "A bill to amend the charter of the Chat¬ ham Railroad Company," was read a third time. Said bill was amended upon several motions of Mr. Taylor, of Chatham; first, by striking out in section 1, lines 6 and 7, the words " ten miles of the Road have," and inserting the words " one mile of the Road has;" by adding to section 2, the words, " and said Directors shall, out of their number, choose the President of the said Company " and by1 striking out seetion 4 and inserting as follows, to wit: Be it further enacted, Thai in consideration of the bene¬ fits conferred by this act, the Chatham Railroad shall by ac¬ cepting the same be deemed to surrender so much of the privilege granted by sections 4, 5, 6 and 9 of an ordinance of the Convention, entitled " An ordinance in addition to and amendatory of an act of the General Assembly, ratified 15th February, 1861, entitled 'An act to incorporate the Chatham 54 SENATE JOURNAL. [Session Railroad Company,' and to repeal an act supplemental there¬ to, ratified 23d February, 1861," as are conferred on corpora tions which may hereafter subscribe to the capital stock of said Company. Sec. 5. Be it further enacted, That all sum3 of money paid by the Raleigh and Gaston Railroad Company and the City of Raleigh to the Treasurer of the State, in satisfaction of the principal and interest of the bonds of said corporations, de¬ posited with said Treasurer, as contemplated in the said ordi- nauce of the Convention, shall be applied first to payment of the interest of the bonds of the State, given said corporations in exchange for their own, and the residue shall be paid to the Commissioners of the Sinking Fund, to be used by them at their discretion for the redemption of said bonds of the State. The bill as amended passed. A message was received from the House of Commons, that they agree to the proposition to go into an election for six Trustees of the University, at 1 o'clock, and appoint Messrs. Wallen and Lemmonds committee on their part to superin¬ tend the election, and that there are in nomination in the House the following persons, to wit: W. W. Peebles, S. J. Person, C. E. Skinner, R. L. Beale, F. E. Shober, L. C. Edwards, C. B. Sanders, W. W. Lenoir, ,W. H. Bobbitt, Jas. W. Bryan, D. H. Hill, L. F. Siler, M. L. "Wiggins, D. M. Carter, Geo. Davis, Sam'l S. Biddle, Purdie Richardson, Joseph Keener, E. B. Withers, Thos. I. Faison, R. C. Puryear, W. L. Twittv. The Speaker appointed as said committee on the part of the Senate, Messrs. Patton and Young. The Senate proceeded to ballot for Trustees of tlie Univer¬ sity. The bill entitled " A bill to amend the Militia Bill," wa& read a second time and passed, and on motion of Mr. Slaugh¬ ter the rules were suspended and the said bill was read a third time. Mr. Hall moved to amend by striking out the words " and in the seventh line to read forty-five yearswhich was agreed to. 1862-'63.] SENATE JOURNAL. 55 The bill as amended passed. The bill entitled " A bill to amend the Revised Code in relation to habeas corpus," was read a second time, and the amendment recommended by the Committee on'the Judici¬ ary adopted, to wit: add to section 1," and any judge is°uing any such writ in vacation, or the judge before whom it is tried, shall have the same power to enforce obedience to the writ, to compel the attendance of witnesses, or to punish contempt of his authority, as a court has. The bill as amended passed its second reading. The bill entitled " A bill to amend the ordinance of the Convention entitled 'An ordinance to charter the Piedmont Railroad Company,'" was read a second time. The Senate adjourned, on motion of Mr. Warren, until to¬ morrow morning 10 o'clock. TUESDAY, February 3, 1863. The bill entitled " A bill to amend the Militia Bill," was transmitted duly engrossed to the House of Commons. Mr. Arendell, from the Committee on Corporations, repor¬ ted upon the bills entitled "A bill to incorporate the North- Carolina Christian Advocate Joint Stock Publishing Com¬ pany," and " A bill amendatory of an act to incorporate the town of Asheville," recommend ing their passage, also reported back the memorial of IT. F. Wolstenholmes, which was referred, on his motion, to the ^Committee on Propositions and Grievances. Mr. White, for the ( Committee on Propositions and Grie¬ vances, reported back the bill entitled " A bill to authorize Jesse Grant to manufacture a limited quantity of whiskey for medical purposes," and a memorial from said Grant in rela¬ tion to the subject of the bill and asked to be discharged from their further consideration. The committee were discharged accordingly. Mr. Murrill introduced a bill entitled "A bill to amend 56 SENATE JOURNAL. [Session certain sections of the Revised Code in regard to free ne¬ groes," which was read first time and referred, on motion of Mr. Hall, to the Committee} on the Judiciary. The unfinished business was postponed on motion of Mr. Hall, and the bill entitled " A bill to authorize Malcolm Mc- Innis to distill from grain the article of alcohol for mechan¬ ical and medical purposes," was taken up and read a third* time. Mr. Matthews moved to lay on the table, which motion wa3 not agreed to. Mr. Bagley moved to amend by adding a section as 6, to wit: Be it further enacted, That the said Malcolm Mclnnis shall not add to the present capacity of his distillery, nor establish any branch or branches." Which was agreed to. The question recurring on the passage of the bill as amen¬ ded, Mr. Matthews asked for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Bagley, Blount, Copeland, Dickson, Eure,Taison, Hall, Harris, Holeman, Lassiter, Leitch, Patrick, Slaughter, Taylor of Nash, Warren, White, Wiggins, Wright, and Toung—19. Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Brown, Carroway, Dickerson, Jarratt, Jones, Matthews, Mur- rill, Neal, Patton, Powell, ^impson, Sharpe, Smith of Ansou, Smith of Macon, Smith of Stanly, Taylor of Chatham and Whitford—20. So the bill was rejected. Mr. Young, from the Committee to superintend the elec¬ tion of Trustees of the University, reported that Kemp P. Battle received a majority of the whole number of votes cast, and is elected ; that no one of the other persons voted for, having received such majority, there is no election as to them. 1862-63.] SENATE JOURNAL. 57 A message from the House of Commons was received, that they agree to the amendments made by the Senate to the House bill, entitled, "A bill to amend the Charter of the Chatham Railroad Company," and said bill is ordered to be enrolled. The consideration of the bill entitled, " A bill to amend an Ordinance of the Convention, entitled, " An Ordinance to Charter the Piedmont Railroad Company," was resumed. The question being on the passage of said bill, on its second reading, Mr. Arendell asked for the yeas and nays, and one- fifth agreeing: Those who voted in the affirmative afe, Messrs. Adams of Davidson, Adams of Guilford, Brown, Copeland, Dickerson, Eure, Holeman, Mnrrill, Patton, Pow¬ ell, Simpson, Sharpe, Smith of Anson, Smith of Stanly, White, Wooley and Young—17. Those who voted in the negative are, Messrs. Arendell, Bagley, Blount, Carroway, Dickson, Fai- son, Hall, Harris, Jarratt, Jones Lassiter, Leitch, Matthews, Neal, Patrick, Sanders, Smith of Macon, Taylor of Chatham, Taylor of Nash, Warren, Whitford and Wright—22. So the bill was rejected. The bill entitled, " A bill authorizing the Governor to en¬ dorse the guarantee of the State, upon bonds of the Confeder¬ ate Government," was read a second time, and On motion of Mn Smith, of Macon, posponed, and made the special order for Thursday, 12 o'clock. The bill entitled, " A bill to amend the law relative to the hours of keeping open the public offices of the Capitol," was read a second time and rejected. A message was received from the House of Commons, that they transmit the following engrossed bills and resolutions, entitled, to wit: A bill to incorporate the Randolph Manufacturing Com¬ pany ; Resolution in favor of Wm. Thompson ; Resolution in favor of John Roseman ; and 58 SENATE JOURNAL. [Session Resolution granting to John Mastin, late Sheriff of Stokes, further time to collect arrearages of taxes, which was read first time. Mr. Matthews moved to suspend the rules in order tha!t the resolution in favor of John Mastin might be read a se¬ cond time ; but, the motion was not agreed to. Mr. Matthews introduced a resolution, to wit: Resolved, That a message be sent to the House of Com¬ mons, proposing that the two Houses adjourn, sine die, on Monday next, at 5 o'clock. Mr. Warren moved to lay the resolution on the table, whiph was not agreed to. The resolution was adopted. The bill entitled, " A bill to be entitled, ' An act supple¬ mental to, and declaratory of an act ratified December 20th, 1862,' entitled ' An act to provide ways and means for the Treasury,' and to repeal a portion of an ordinance of the State Convention, ratified 19th Feb., 1862," was read a second time and passed. The resoluton entitled, " A resolution to authorize the Go¬ vernor to appoint a commissioner to visit the various regi¬ ments in North-Carolina, and enquire as to their condition," was read a second time, and on motion of Mr. Murrill, laid on table. The bill entitled, " A bill to prevent the property of sold- diers from being attached," was read a second time and re¬ jected. And, on motion of Mr. Arendell, the Senate adjourn¬ ed until'10 o'clock to-morrow morning. WEDNESDAY, February 4, 1863. Mr. Warren, from the Committee on the Judiciary, report¬ ed upon the bill entitled, " A bill to amend an act passed at the present session of the General Assembly, entitled, £ An act for the relief of our sick and wounded soldiers,'" recom¬ mending that it do not pass. The bill entitled, •' A bill to be entitled, {An act supple- 1862-63.] SENATE JOURNAL. 59 mental to, and declaratory of, an act ratified, December 20th, 1862,' entitled, ' An act to provide ways and means for sup¬ plying the Treasury,' and to repeal a portion of an ordinance of the State Convention, ratified 19th February, 1862," was read a third time and passed. The resolution entitled, "A resolution in favor of John Roseman," was read a second time and referred, on motion of Mr. "Warren, to the Committee on Claims. The following entitled bills and resolution were read a se¬ cond time and passed, to wit: A bill amending an act to incorporate the town of Ashe- ville; A bill to incorporate the Randolph Manufacturing Com¬ pany; and < Resolution in favor-of Wm. Thompson. The bill entitled, " A bill to authorize Jesse Grant to man¬ ufacture a limited quantity of whiskey, for medical purposes," was read a second time, and on motion of Mr. Simpson, post¬ poned indefinitely. The resolution entitled, " Resolution granting further time to John Mastin, late Sheriff of Stokes, to collect arrearages of taxes," was read a second time and passed, when, on motion of Mr. Taylor of Chatham, the rules were suspended, and the same was read a third time, and amended, by striking out "Mastin,"and inserting " Martin " in the resolution and title of the same, on motion of Mr. Matthews. The resolution, as amended, passed. Mr. Taylor, of Chatham, moved to re-consider the vote by which the bill entitled, " A bill to amend an ordinance of the Convention entitled, 'An Ordinance to Charter the Pied¬ mont Railroad Company," was rejected. Mr. Arendell moved to lay that motion on the table, and asked the yeas and nays, and one-fifth agreeing: - Those who voted in the affirmative are Messrs. Arendell, Bagley, Blount, Carroway, Drake, Faison, Hall, Harris, Jones, Lassiter, Leitch, Matthews, Neal, Patrick, 60 SENATE JOURNAL. [Session Sanders, Slaughter, Smith of Macon, Taylor of Nash, and "Warren—19. Those who voted in the negative are :— Messrs. Adams of Davidson, Adams of Guilford, Brown, Copeland, Dickson, Dickerson, Holeman, Murrill, Patton, Powell, Simpson, Sharpe, Smith of Anson, Smith of Stanly, Taylor of Chatham, Whitford, White, Wiggins, Wooley, Wright and Young—21. So the motion was not agreed to. The motion to reconsider prevailed, and said bill was read a second time and passed. Mr. Young moved to suspend the rules in order that the bill might be • read a third time, but the motion was not agreed to. A message was received from the House of Commons, that they agree to the proposition to go into an election for Trus¬ tees of the University at 1 o'clock to-day, and appoint Messrs. Dunn and Bynum, as the committee on their part, to super¬ intend the election. The Speaker announced Messrs. Smith, of Macon, and Simp¬ son as said committee on the part of the Senate. Another message was received from the House, that they they transmit the bill entitled " A bill to be entitled Reve¬ nue," with accompanying amendments to which they ask the agreement of the Senate. Mr. Hall moved that the Senate do not agree ; which mo¬ tion prevailed. The Senate now proceeded to ballot for five Trustees of the University. The following bills and resolutions were taken up on their second reading, entitled, to wit: " Resolution in favor of W. W. Happer," read and referred, on motion of Mr. Blount, to the Committee on Claims; "A bill to appoint Commissioners to sell old jail in Wilkes county," read and passed, and the rules having been suspend¬ ed, on motion of Mr. Sharpe, read a third time and passed ; A bill to incorporate the Macon County Mining Company; 1862-63.] SENATE JOURNAL. 61 A bill to incorporate the Tuekaseege Mining Company; A bill to incorporate the Franklin Mining and Manufac¬ turing Company; And a bill to incorporate the Nantahala Mining Com¬ pany, were read and passed, and the rules having been sus¬ pended, on motion of Mr. Arendell, were severally, again, read a third time and passed. Mr. Jarratt introduced a bill entitled "A bill authorizing the levying and collecting taxes in the county of Yadkin for the year 1863, not levied at the proper time of the county court;" which was read first time, when, on his motion, the rules were suspended, and the same was read a second and third times and passed. The bill entitled " A bill to authorize and empower Isa^c A. Rue, late Sheriff of McDowell county, to collect arrear¬ ages of taxes due said Sheriff for the years 1860-61," was read a second time and passed, when, on motion of Mr. Neal, the rules were suspended, and the same was read a third time, amended by altering the name to Isaac A. Real, and passed. The bill entitled " A bill to incorporate the town of Mar¬ shall, in Madison county, under the law for the better regu¬ lation of towns," was read a second time and passed. The bill entitled " A bill to amend the Revised Code in re¬ lation to habeas corpus,was made the special order for Fri¬ day, 12 o'clock, on motion of Mr. Warren. Mr. Warren recommended Wm. B. Gulick as a Justice of the Peace for Beaufort county; Mr. Matthews recommended J. T.W. Davis, also, as a Justice of the Peace, for Stokes coun¬ ty, and Mr. Wright recommended as Justices of the Peace for Cumberland county, Robert Williams and K. M. C. William¬ son, and a message was sent to the House of Commons in re¬ lation to the same. On motion of Mr. Young, the Senate adjourned until 3^ o'clock, P. M. 62 SENATE JOURNAL. [Session r Afternoon Session—Three-and-a-half o'clock, P.M. On motion of Mr. Leitch, a recommendation of Terrel Cov¬ ington as Justice of the Peace for Richmond county, and also recommendation of L. L. Moore, D. C. Clark, John A. Reid, J. J. Goodwin, and James Overstreet, on motion of Mr. "Wright, were sent to the House of Commons. A message from the House was received, that they insist upon the amendments made to the Revenue bill, and ask that a committee of conference be raised to consider of the matters of disagreement, and they appoint Messrs. Shepherd, Person, Watson, Allison and Russell, of Brunswick, the House branch of said committee. The Senate agreed thereto, and the Speaker announced Messrs. Young, Wiggins, Wright, Hall and Smith, of Stanly, as the Senate branch of said committee. Leave of absence was granted to Mr. Hall for the afternoon, on motion of Mr. Eure. On motion of Mr. Wright, the engrossed resolutions enti¬ tled " Resolutions in relation to prisoners confined in Salis¬ bury," were'taken up and read a second time and passed, when lhe rules were suspended, and the same were read a third time and passed. Mr. Simpson, from the Committee to superintend the elec¬ tion of Trustees of the University, reported that M. L. Wig¬ gins, L. P. Siler and F. E. Shober, having received a majority of the whole number of votes cast, are elected. The resolutions entitled " Resolutions relating to the cur¬ rency," were read a second time and, on motion of Mr. Young, laid on the table. The bill entitled " A bill to incorporate the North-Carolina Christian Advocate Joint Stock Publishing Company," wa3 read a second time and passed, when, on motion of Mr. Adams of Guilford, the rules were suspended and the same was read a third time and passed. On motion of Mr. Sanders, a message was sent to the House of Commons that the Senate proposes to go forthwith into an election for two Trustees of the University ; and the Speaker 1862—'63.] SENATE JOURNAL. 63 announced as the committee to superintend the election, should the House agree, Messrs. Sanders and Copeland. The following entitled resolutions and bills transmitted from the House of Commons duly enrolled and signed by the speaker thereof were signed by the Speaker of the Senate, to wit: " A resolution in favor of James M. Neal," Resolution in favor of A. C. Latham, Sheriff of Craven county. Resolution in favor of Daniel Tucker. Resolution in favor of George Credle. A Resolution in favor ofWm. L. Shannon. Resolution in reference to the bounty of soldiers. Resolution to correct an error on the tax roll of Burke county. An act in favor of Isaac Arledge. An act to amend the 46th chapter of the Revised Code, 18th section. An act to authorize incorporated towns to lay an ad valo¬ rem tax on slaves. An act for the relief of the citizens of Alleghany county. An act to alter the rules of law in relation to the probate of wills. An act authorizing one-third of the whole number of Jus¬ tices of the Peace in any county to transact county business. An act to legalize the proceedings of a county court held in Henderson county. An act to amend an act to empower the town of Wilming- to establish streets in safd town and for other purposes. An act to authorize and enable C. A. Boon, sheriff of Guil¬ ford county and Joseph Luske, sheriff of Gaston county, to collect arrearages of taxes. An act for the benefit of persons who have entered vacant lands, and An act to legalize the proceedings of a county court held in Catawba county. Mr. "Warren, from the Committee on the Judiciary report 64 SENATE JOURNAL. [Session ted upon the bill entitled " A bill to amend certain sections of the Revised Code in regard to free negroes," and recom¬ mended that it do not pass. On motion ot Mr. Young, the Senate adjourned until ten 'o'clock to-morrow morning. THURSDAY, February 5, 1863. Mr. Lassiter, from the Committee on Propositions and Grie¬ vances, reported back the memorial of H. T. Wolstenholmes, and recommended that it be referred to the Committee on Claims : and the same was so referred. I 1 Mr. Eure, from the Committee on Military Affairs reported upon the bill entitled " A bill to enroll free negroes and put them in the service as cooks," recommending that it do not pass. Mr. Young introduced a bill entitled " A bill to authorize the Deacons or Trustees of Sharon Chnrcb to sell the Parson¬ age and lands attached belonging to the said congregation which was read first time, when, on his motion, the rules were suspended and the same was read a second and third time and passed. Mr. Hall introduced a bill entitled " A bill to repeal the 20th section of the 31st chapter of the Revised Codewhich was read first time and referred, on his motion, to the Committee on the Judiciary, and also a resolution entitled "A resolution in favor of the Wilmington and Weldon Rail¬ road Company;" which was read first time, when the rules were suspended, on his motion, and said resolution was read' a second time, and referred, on motion of Mr. Warren, to the Committee on Claims. Mr. White introduced a bill entitled "A bill to authorize the Judges at Chambers to decree sales of land held by minors;" which was read first time and referred, on his mo¬ tion, to the Committee on the Judiciary; also a resolution entitled " Resolution in favor of James Freeman;" which !S02-'C3.] SENATE JOURNAL. 65 was read first time and referred, on his motion, to the Com¬ mittee on Claims. The bill entitled " A bill to amend an act passed at this session of the General Assembly, entitled f An act for the re¬ lief of our sick and wounded soldiers," Was read a second time and rejected. The bill entitled " A bill to amend an ordinance of the Convention entitled ' An ordinance to charter the Piedmont Railroad Company,'" was read a third time, when Mr. Lind¬ say moved to postpone indefinitely, and asked for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Arendell, Bagley, Blount, Carroway, Dickson, Fai- son, Hall, Harris, Jones, Lassiter, Leitch, Lindsay, Matthews,' Neal, Patrick, Sanders, Slaughter, Smith of Macon, Taylor of Nash, and Warren—20. Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Copeland, Dickerson, Drake, Eure, Iloleman, Jarratt, Lane, Murrill, Patton, Powell, Ramsay, Simpson, Sharpe, Smith of Anson, Smith of Stanly, Taylor of Chatham, White, Wiggins, Wooley, Wright and Young—23. So the motion did not prevail. On the question of the passage of the bill, Mr. Arendell asked for the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative are, Mesrs. Adams of Davidson, Adams of Guilford, Copeland, Dickerson, Drake, Eure, Holeman, Lane, Murrill, Patton, Powell, Ramsay, Simpson, Sharpe, Smith of Anson, Smith of Stanly, Taylor of Chatham, White, Wooley, Wright and Young—21. Those who voted in the negative, are, Messrs. Arendell, Bagley, Blount, Carroway, Dickson, Fai- son, Hall, Harris, Jarratt, Jones, Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, Sanders, Slaughter, Smith of Ma¬ con, Taylor of Nash, Warren and Wiggins—22. So the bill was rejected. 5 66 SENATE JOURNAL. [Session Mr. Arendell moved to re-consider the vote just given, and to lay that motion on the table, which was agreed to. Mr. Lassiter, from the Committee on Propositions and Grievances, reported back the bill entitled, " A bill for the relief of the wives and families of soldiers in the army," and asked to be discharged from its further consideration. The Committee were discharged accordingly. Mr. Murrill introduced a resolution, to wit: jResolved, That the members of the Senate do contribute their per diem, of one day, for the purpose of purchasing wood for the indigent families of soldiers of this city, and that a committee of two be appointed to receive and pay the same to the Mayor, who shall apply it immediately, as herein spe¬ cified. The resolution was adopted, and the Speaker appointed Messrs. Murrill and Adams, ot Davidson, as the Committee nnder,the resolution. Mr. Cope-land introduced a bill entititled, " A bill for the relief of indigent families of soldiers, in the army," which was read first time. On motion of Mr. Lassiter, the order of the day was post¬ poned, in order to take up a message received from the House of Commons, that they have adopted the report of the Com- ftiittee of Conference upon the Revenue Bill, and ask the .agreement of the Senate. The report of said committee was read. Mr. Lindsay moved to print the report and amendments made to the bill, and on this question asked for the yeas and aiays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Arendell, Blount, Carroway, Jones, Lindsay, Mur¬ rill, Sanders, Sharpe, Slaughter and Warren—10. 'Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Copeland, Dickson, Dickerson, Drake, Eure, Faison, Hall, Harris, Hole- anan, Jarratt, Lane, Lassiter, Leitch, Matthews, Neal, Pat- ton, Patrick, Powell, Ramsay, Simpson, Smith of Anson, S.S62—'63.] SENATE JOURNAL. 67 Smith of Macon, Smith of Stanly, Taylor of Chatham, Tay¬ lor of Nash, Whitford, White, Wiggins, Wooley, Wright and Young—33. So the motion did not prevail. Mr. Lindsay moved to adjourn, and it was not agreed to. On the question of the adoption of the report Mr. Aren- dell asked the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Adams of Davidson, Adams of Guilford, Dicker- son, Drake, Hall, Harris, Holeman, Jarratt, Jones, Lane, Leitch, Lindsay, Matthews, Neal, Patton, Ramsay, Simpson, Sharpe, Smith of Anson, Smith of Macon, Smith of Stanly, Taylor of Chatham, Taylor of Nash, White, Wooley., Wright and Young—27. Those who voted in the negative are, Messrs. Arendell, Bagley, Blount, Carroway, Copeland, Dickson, Eure, Eaison, Lassiter, Murrill, Patrick,. Powell, Sanders, Slaughter, Warren, Whitford and Wiggins—17. So the report was adopted, and is as follows, to wit : The Committee of Conference from the Senate and House of Commons, ask the concurrence of both branches of the General Assembly in the following amendments to the Reve¬ nue bill, viz: all o;f the House amendments subject to the alterations herein named, as follows: strike out the " first day of January," and insert the " first day of April" through¬ out the bill, as the day from which the taxable year shall be¬ gin ; strike out in the fourth clause of the first section, "or Confederate " after the word " county;" add at the end of the 6th clause as amended in the House: "provided, that no more cotton held by a manufacturer shall be exempt from this tax than is needed for the consumption of one year." In the second clause of section 1st, the House amendment is to be amended so as to provide that the list by the assessors shall contain as to slaves the number owned by each lister, with the aggregate value thereof. In section 6th, House amendments, insert "two years" for "four."" SEHATE JOUKKAL. [Bessie® Section 69, clause , strike out " one hundred dollars in any county where they deliver packagesand say H on all Express Companies, $600." In section 69, clause 11, strike out " $100," and say "$60." In section 59, in the House amendments, add " and all articles manufactured out of leather." In new section 121, provide a copy of this act for each member of the General Assembly. Eespectfully submitted, J. G. SHEPHERD, I or ike Committee. The following are the House amendments accompanying the foregoing report, and agreed to as the part of the same, to wit: For the second clause of the first section sustitute as fob lows: " All slaves (excepting such as the County Courts may have exempted, or may hereafter exempt from taxation on account of bodily or mental infirmity,) and for the purpose of ascertaining the value the County Conrts shall appoint three assessors for each Captain's District, whose duty it shall be, within twenty days, to assess the value of the slaves in their district, and make return of the lists to the Clerk of the County Court, which list shall set forth each slave and the value thereof, from which lists the Clerk shall within five days ascertain the average value of the slaves in his county, and transmit a certificate thereof to the Public Treasurer, who with the assistance of the Comptroller,- shall ascertain therefrom the average value of slaves in the State, and ad¬ vertise it in the public newspapers, and certify the same tcr the Clerks of the County Courts within ten days, and the Clerks in making out the tax lists shall add to or deduct from the assessed value of the slaves in his county sueli per cent- age as shall be necessary to cause the value so assessed in hie county to correspond with the average value throughout the- State. And any person failing or neglecting to perforin any of the duties herein prescribed, shall, upon motion by the 1862-»63.] SENATE JOURNAL. 69 County Attorney, in the Superior or County Court, in the name of the State, be amerced in the sum of two hundred dollars. And, when any assessors or clerks shall fail to make returns, the Clerk or Treasurer shall ascertain the average from the number of returns received. For the fourth clause of the first section, substitute the fol¬ lowing : " Money invested in manufacturing and .steamboat corporations or companies, according to the shares as fixed by the charter, if the shares be in a corporation, and if there be no incorporation, then upon the amount invested; also money invested in County or Confederate bonds or State bonds issued since the 23d of February, 1861; also money Invested in every species of trade and traffic not otherwise taxed herein." Add at the end of the 6th clause of the 1st section the fol¬ lowing: "And all cotton and tobacco, except that which is owned by the producer, or which has been purchased by the owner for his own use or that of his family or dependents, and further, except such cotton as may have been purchased by any person or corporation for the purpose of manufacturing." Insert between the 3d and 4th sections the following as an additional section : " Every dollar of nett dividend or profit (not previously listed) declared, received or due on or before' the first day of January in each year, upon money or capital invested in shares in the Bank of Washington, the Merchants' Bank of Newbern, the Bank of Wadesborough,. the Bank of Fayetteville, the Commercial Bank of Wilmington, the Far¬ mers' Bank of North-Carolina, the Bank of Charlotte, and the Bank of Yanceyville, shall pay an annual tax of eight cents; but, the same shall not be subject to any county tax." In section 2, after the word "edifices" in 6th line insert the words "and parsonages." Strike out the word "and" in the 6th line between the words " structures and edifices." In section 4, strike out all after the word "corporations" and insert the following, " shall he listed among the individual property of stockholders, in the county where the stockholder resides." 70 SENATE JOURNAL. [Session Strike out all between sections o and 14, and insert the fol¬ lowing: Sec. 6. Be it further enacted, That at the first Court of Pleas and Quarter Sessions for each county held on or before the first Monday of March, and at the same time every four years thereafter, the Court shall appoint one Justice of the Peace and two freeholders, men of skill and probity, for each Captain's district in the county or for each school district at the option of the Court, who shall be styled the district board of valuation of their respect districts. Sec. 7. The Clerk shall issue a notice of his appointment to eacjh man within five days after adjournment of the Court. Should the Court fail to make the required appointments, or should from any cause a vacancy occur, any three Justices of thoj Peace may make the required appointments, or fill the vacancy. S(ec. S. This district board of valuation shall, as near as practicable, ascertain the cash value of every tract of land or oth.pr real estate, with the improvements thereon, situate in their district; and also the cash value of every slave re¬ quired to be listed for taxation in their district, either by viewing the same or otherwise. Sec. 9. In estimating the value, the board may call and swear witnesses to testify thereto; and they shall take into the estimate any fishery appurtenant thereto or used with the' land ; also all mines of metal, stone or coal, or other ma¬ terial discovered, or supposed to exist, whereby the price of land is enhanced ; also all machinery and fixtures for manu¬ facturing or mechanical purposes, that have been erected or used on the land. When a tract of land shall be in one or more districts, the board of the district in which the owner resides, shall ascertain the value of the whole tract, and if the owner reside in neither of the districts, the board of the dis¬ trict in which the larger part may lie, shall ascertain the value of the whole. Sec. 10. The owner of the land or slaves, or (if he be a non¬ resident) his agent shall furnish the district board with a list, 18G2—'63.] SENATE JOURNAL. 71 including land entries, setting forth the separate tracts, and also the several contiguous bodies or tracts of land owned by him in the district, together with the names of the water courses, or other noted places, on or nearest to which they may be situated, and the number of acres in each separate tract or contiguous body of land, and also the names, ages and number of the slaves he is bound to list. Town lots shall be listed separately, and each lot be numbered accord¬ ing to the plot of the town. Each separate body 01* tract of land, and each town lot shall be separately and distinctly valued and returned. Sec. 11. The district boards shall, in each case, administer the following oath to the person furnishing the required list: " You, A. B., do solemnly swear that the list by you fur¬ nished contains a full statement of every tract of land and town lot in this district, for the taxes of which you are liable, either in your own right or the right of any other person, either as guardian, attorney, agent or trustee, or in any other manner whatsoever, to the best of your knowledge and belief. So help you God." Sec. 12. If any person shall refuse to furnish the list re¬ quired above, or to take the oath prescribed in the preceding section, he shall be deemed guilty of a misdemeanor, and the Justices of the Peace of said board, shall bind him over to appear at the next term of the Superior Court of the county, to answer the charge, and on conviction or submission, he shall be fined at the discretion of the Court. Sec. 13. When the owner of the land, and slave or slaves, or (if he be a non-re3ident of the State,) his agent, be not a resident of the district where the land is situated, and the slaves required to be listed, the required list, with affidavits of the same import as the above required oath, subscribed and sworn to before, and certified by a Justice of the Peace, may be transmitted to the district board of valuation, and if re¬ ceived before the board, shall be ready to value the land and slaves contained in the list; such list shall be received as SENATE JOURNAL. [Session though tendered and sworn to by the agent or owner, in person. Sec. 14. When the hoard of valuation are not furnished with a list sworn to as above required, or the owner or agent refuses to answer to the correctness of the statement as to the number of acres contained in any tract of land, they may pro¬ cure a county or other surveyor, and have the same surveyed. And the surveyor may recover the amount of his fees and all expenses out of the owner of the land, before a Justice of the Peace, by warrant or attachment, and the board may exam¬ ine witnesses on oath as to the number and description of the slaves. Sec. 15. The district boards of valuation shall, as soon as practicable after their appointment, proceed to value all real property and slaves required to be listed in their respective districts, as above directed, complete the lists by the first Monday of April after their appointment, and annex the fol¬ lowing affidavit, subscribed and sworn to before a Justice of the Peace, who shall certify the same: "We do solemnly swear that we have diligently enquired, and do not believe that there is any real property or slaves required to be listed in the district of county, subject to taxation, that is not entered and valued in the above list, and the foregoing valuation is, in our judgment and belief, the actual value thereof in cash, and that in assessing the same, we have en¬ deavored to do equal justice to the public and to the individ¬ uals concerned. So help us God." This list and valuation shall remain in the hands of the Justice of the Peace of the board, and be open to inspection of any one who wishes to examine it, until returned as hereinafter directed. Sec. 16. On the Thursday subsequent to the first Monday of April, after the appointment of the district boards of val¬ uation, the persons who were appointed as Justices of the Peace to be members of the different district boards, shall meet at the Court House and organize themselves into a county board of valuation, by electing, by ballot, one of their members chairman, and another secretary. In case a Jus- 1862—'63.] SENATE JOURNAL. T3 tice of the Peace of any district board, from any cause, cai^ not attend, the elder of the two members of the board shall take his place. Sec. 17. To this county board of valuation shall the dis¬ trict boards of valuation make returns of their lists. This board shall carefully examine and compare all the lists, and if, in their opinion, the real property and slaves throughout the county, shall not have been assessed by a uniform stand- • ard of value, they may re-assess any district or any separate tract or tracts, or lots of land, and also any slave or slaves. Sec. 18. If any one deem that too high a valuation was put on his land, or slave or slaves, he may apply to the county board of valuation for redress, and they shall duly consider the case and decide as in their judgment is right. The board may call, swear and examine witnesses, or in person view the land or slaves, about the value of which they are in doubt. Sec. 19. Two thirds of the entire number of the members composing the county board of valuation, shall form a- quorum for the transaction of business, and the decision of the majority of the members present shall stand as the deci¬ sion of the board. Sec. 20. If, in the opinion of the county board of valua¬ tion, any tract or tracts of land, or town lots, or slave or slaves, shall have been assessed at too low a value, they shall make lists of such tracts, or lots and slaves, and post them in at least two conspicuous places in the Court House, at the time of their adjournment. After they shall have examined and compar-; ed the lists, heard the complaints of all who may feel them¬ selves agrieved, by the valution of their property, the board shall post the lists as above required, and adjourn until the fourth Monday of April, when they shall again meet at the Court House, hear the complaints of all who may feel them¬ selves aggrieved by their former action, or by the original valuation, and decide each case as to them may appear right,' and from their decision there shall be no appeal. Sec. 21. When the county boards of valuation shall have' performed the duty on them imposed, they shall return the * 74: SENATE JOURNAL. [Session lists received of tlie district boards of valuation, as by them revised and corrected, to the clerk of the county court, before whom they shall subscribe and swear to the following affida¬ vit, annexed to the list returned: "We solemnly swear that the foregoing lists have been carefully examined and compared, and, in our judgment and belief, they do, as now corrected, exhibit the actual cash vaffie of every tract or lot of land in this county, with the im¬ provements thereon, and privileges thereto attached, and of the slaves required 10 be listed in this county, and in the dis¬ charge of our duties, we have endeavored to do equal jus¬ tice to the public and to individuals concerned. So help us God." Sec. 22. Each member of the county and district boards of valuation, shall receive, out of the county treasury, such com¬ pensation as the county court may allow, not exceeding three dollars per day, for the time he may have been engaged in the discharge of his duties. Sec. 23. At the first court of Pleas and Quarter Sessions, of each county, which shall be held on or after the first day of April in each and every year, except in cases wherein a special court is hereinafter provided for, the court shall ap¬ point for each Captains district, or for each School district, at the option of the court, a Justice of the Peace, or a freehold¬ er of known skill and probity, to take the lists of taxable sub¬ jects, and the names of such takers of the tax lists with their respective districts, shall, during the term, be advertised at the Court House by the clerk. Sec. 24. If the court shall fail, from any cause, to make such appointment, any three Justices of the Peace of the county, may meet at the office of the Clerk of the County Court, on or after the first Monday of April, and appoint the takers of the tax tists for the county, or supply any vacancy arising from death or incapacity to act, and the clerk shall re¬ cord the same. Sec. 25. The Clerk shall issue notice of all appointments of takers of tax lists, as soon as made to the sheriff, who shall lS62-'63.] SENATE JOURNAL. 75 serve them within ten days, upon the appointees, whose duty it shall be to advertise, at three several places in their respec¬ tive districts, at least ten days before the time of listing, the places and times, when and where he will attend, for the pur¬ pose of receiving the list of taxahles, which lists he shall take during the last twenty working days in April; they shall per¬ fect their lists, and return them to the Clerk of the County Court, on or before the second day of May. Sec. 26. If any person appointed to take the lists of taxa¬ hles shall refuse or wilfully fail to discharge the duties of his appointment, he shall be deemed guilty of a misdemeanor. Sec. 27. Every person appointed to take the lists of taxa¬ hles, before he enters on the duties of his appointment, shall take the following oath, to be administered by any Justice of the Peace, to wit: " I, A. B., do solemnly swear that I will perform all my duties &s taker of the tax lists for the district for which I have been appointed, according to my best knowledge and ability. So help me God." Sec. 28. It shall be the duty of every one liable to pay tax, residing in any district or having property therein liable to taxation, at the time and place appointed by the taker of the lists, to furnish him a .written list of his taxables, mentioned in section first of this bill and in schedule A, hereinafter set forth, setting forth the number of acres of land he is bound to list, on what waters situate, the valuation of each tract of land, and the number, ages aud value of his slaves, as assess¬ ed by the board of assessors, next preceding the time of list¬ ing as reduced or increased by the Clerk of the County Court to the average State valuation, and any other slaves subse¬ quently acquired, and his estimate of value of such articles or subjects of taxation, not mentioned in the first section of this act, as are taxed ad valorem, and such listing and valuation shall have reference to the property owned and the subjects of taxation held by the tax payer and its value on the first day of April next before the listing thereof, and the taker of the tax list shall administer to the person furnishing said list the following oath: 76 SENATE JOURNAL. [Session "You solemnly swear that the list by you furnished con¬ tains a full statement of all the property and subjects of taxa¬ tion which you are bound to list, either in your own right or in the right of any other person, and that the property valued by you is not worth more in cash than the valuation annexed, to the best of your knowledgeand belief": Provided however, that in the year 1863, the takers of the tax lists shall not take the lists of lands and slaves, but they shall be ascertained by the Clerk of the County Court, and entered by him on the tax lists to be furnished to the sheriff or tax collector, from the lists of the assessors; the value of the slaves being brought to the State average as provided in section 35, and after the year 1863, and until another assessment of slaves, they shall be listed at the same valuation fixed by the general State average, until the next assessment: Provided however, that when the tax lister shall make oath in writing that any slave ha3 become greatly impaired in value by reason of disease, or Other bodily or mental infirmity, he may list such slave at such price as he may State on oath is the then present value of such slave. And whea a slave shall have been acquired after the assessment, the person listing shall list him at the same value at which he was listed by his former owner, increased or diminished according to the State average if known to him, and if not known to him he shall file a written affidavit stating his cash value on the first day of January preceding such listing, and as to slaves born after the assess¬ ment, the lister shall be required to state on oath their cash value on the first day of April preceding, and they shall be listed accordingly. Sec. 39. Every taker of the tax lists shall be allowed such compensation for his services as the County Court may in its discretion allow to be paid out of the county treasury. Sec. 30. Every taker of the tax lists after the year 18G3, shall be furnished by the Clerk of the County Court with a fair copy of the returns made by the last board of valuation of the real estate and slaves in his district, and with the 1862-'63.] SENATE JOUEXAL. 77 necesary printed form of tax bills, to be furnished by the Comptroller.under the provisions of this act. In Section 17, line 3, insert after the words " tax lists " as follows: "inserting therein for the year 1863, the land and* slaves front the list returned to him by the assessors, increa¬ sing or diminishing the valuation of slaves in the rates that the average State valuation as published by the Comptroller shall exceed or fall short of the average county valuation of slaves. In Section 18, strike out all after the word " other " in the 3d line. In section 19, insert after the word " number " in the 5th line, the word " ages." In section 23, strike out all after the word " his " in the 2d line and insert " taxes, specifying how much is for State taxes and how much is for County taxes.. In section 33, strike out in 2d line the figures " 30 and 31," and insert "47 and 48." In section 35, strike out in 2d line the figures "3 and insert the figures " 50." In section 39, strike out in 10th line the figures " 34 and 35," and insert " 55 and 56." In section 40, strike out in 2d line the figures " 33," and insert the figures " 50." In section 4T, strike out in the 4th line the word " laid," and insert the word " bid." Section 52, add to the 9th clause the following: "Every gold headed cane in use, one dollar; every silver headed cane in use, fifty cents." Section 52,10th clause, in line 52, after the word " cash¬ ier," insert the word " superintendents." Section 52, add at the end of the 11th clause, the following: Provided^ however, That the county courts of each county, a majority of the Justices being present, in their discretion, may levy the above taxes on dogs, and the taxes collected levied under this section shall be for county purposes. 78 SENATE JOURNAL. [Session Section 52, clause 14, strike out the word " purchasers," in lines 96 and 99, and insert the word " profits." Section 52, add after the 14th clause, as a separate clause, the following: " On every dollar of nett profit or, dividend declared, received or due, during the year preceding the 1st of April in each,year, (and not previously listed) upon money or capital invested in manufacturing cotton or woolen goods, leather, articles made of leather, iron and tobacco, and also on every dollar of nett profit or dividend, on money invested in Steam Boat Companies, whether incorporated or not, and in Railroads, a tax of two cents." Section 60, strike out in line 2, the word " free," and insert the word " taxable." Section 61, in 2d line, strike out figures "55," and insert "75." Section 63, in 3d line, strike out figures " 11," and insert " 28." Section 64, strike out figures "11," and insert " 28." . Section 67, in line 8, strike out the word "deduct," and insert the word " debit." Section 68, in 3d line, strike out the words " twelve Justices being present." Section 69, clause 4, strike out all after the word "'State," and insert " five per cen,t. upon the gross receipts." Section 69, clause 6,strike out all after the word "banker," in the 29th line, and insert the words "ten per cent, upon their profits." Section 69, clause 7, in 32d line, strike out the word "fifty," and insert the words "six hundred dollars." Section 69, clause 8, insert in the 35th line after the word " dollars," the words " every bagatelle or roulette table fifty dollars." Section 69, clause 15, line 70, strike out the words " thirty- five," and insert the word " fifty." Section 69, add between the 18th and 19th clauses, the fol¬ lowing as an additional clause: "From and after the first day of January, 1863, every person or corporation manufac- 1862-'63.] SENATE JOURNAL. 79 turing cotton or woolen cloth or a mixture of both, cotton yarn, leather, shoes, boots, flour, salt, implements of hus¬ bandry, wagons, wagon harnes3, and clothing, and iron, and every other person who, as principal or agent for another, carries on the business of manufacturing any of the foregoing articles, all nett profit above seventy-five per cent, upon the cost of production. Section 69, clause 27, add at the end of the clause, the fol¬ lowing: Provided, That nothing herein contained shall sub¬ ject to a double tax the estate of a soldier in the service. Section 80, clause 4, strike out in the 30th line the words " one quarter of." Section 80, to be inserted after clause 4, as an additional clause, as follows: "The President or Cashier of the banks hereinjnamed, on or before the first day of October in each year, shall pay into the, Public Treasury, the following tax upon each share of stock owned by corporations or individuals, to wit: The Bank of Washington, twenty-five cents; the Merchants' Bank of Newbern, twenty-five cents; the Bank*of Wades- .borough, twelve-and-a-half cents; the Bank of Fayetteville, twelve-and-a-half cents; the Commercial Bank ot Wilming¬ ton, twenty-five cents ; the Farmers' Bank of North-Carolina, twenty-five cents; the Bank of North-Carolina, ninety cents; the Bank of Lexington, forty-five cents; the Miners' and Planters' Bank, forty-five cents; the Bank of Commerce, forty-five cents; the Bank of Clarendon, forty-five cents; the Bank of Cape Fear, ninety cents; the Bank of Wilmington, ninety cents ; the bank of Charlotte, twelve-and-a-half cents ; the Bank of Yanceyville, twenty-five cents; the Bank of Thomasville, forty-five cents; the Bank of Roxboro', forty-five cents; and any other which may be chartered by this or any other future General Assembly, ninety cents on the share of one hundred dollars, and in that proportion for shares of a less value. And in case the said officers of any bank shall neglect or fail to pay tbe tax as herein required, said bank shall pay double the amount of said tax, and the same shall 80 SENATE JOURNAL. [Session be sued for and recovered by the Attorney General in the name of the State, in the Superior Court of the County of Wake." Section 81, insert after the word " omitted," in the 11th line, the words " to the best of his knowledge." Section 85, in line 6, strike out figures " 48," and leave a blank. Section 101, in 7th line, strike out "1860," and insert "1862."' Insert between sections 102 and 103 the following as an additional section. Sec. 120. In all the counties of this State where the first term of the County Court next after the first of January is already passed -by, or where, if held, between the first of January and the first Monday of March, it shall pass by with¬ out appointing assessors or tax listers as hereinbefore provi¬ ded, or whenever in any county, the first term of the County Court shall be after the first Monday in March, the Chairman of each of the said County Courts, or if there be no Chairman, then the Clerk ^hall direct a notice to the Justices of the said Courts tt> meet in their respective Court Houses to make the appointments aforesaid and also to levy taxes, and theClerk shall record on the minute docket of his court the proceed¬ ings of the said Justices in special session, Provided, that this section shall continue in force during the year 1863, and after that proceedings shall be had according to the previous sections of this act. Sec. 121. As early as practicable after the ratification of this act, the Comptroller shall have published three thousand copies of the same for the sheriffs, clerks, assessors, tax listers and members of the Assembly and shall distribute the same among the different counties of the State by such mode as he and the Public Treasurer may adopt. Mr. Warren moved to adjourn until to-morrow morning ten o'clock. Mr. Adams of Guilford moved to adjourn until 3^ o'clock, The motion of Mr. Warren was agreed to, and the Senate adjourned accordingly. m2->63.3 'SENATE JOURNAL. 81 FRIDAY, February 6, 1863. Prayer by Rev. Mr. Uardie. The following engrossed bills were transmitted to the Hons® -df Commons, entitled to wit■: A bill to ineorporate the Nantahala Mining Company. A bill to incorporate the Macon County Mining Com¬ pany. A bill to incorporate the Franklin Mining and Manufac¬ turing Company. A bill to incorporate the Tuckaseege Mining Company. A bill to authorize the deacons and trustees of Sharo* *Ohurch to sell the parsonage and lands attached, belonging the said congregation. A bill authorizing the levying and collecting of taxes in the county of Yadkin, for the year 1863, not levied at the proper tei'm of said court. A bill 'to incorporate the North-Carolina Christian Advo¬ cate Joint Stock Publishing Company ; and A bill in relation to the bounty of soldiers. The following Dills and resolutions, duly enrolled and sign¬ ed by the Speaker of the House of Commons, were transmit¬ ted to the Senate and signed by the Speaker thereof, entitled to wit: Resolution in favor of Mary C. Gully; Resolution in favor of the sureties of White D. Humphrey, deceased, late Sheriff of Onslow County; Resolution in favor of Rufus Galloway, Lewis Williamson;, Elias Barnes, Reuben King and sundry other Sheriffs and Tax Collectors; An act to amend the Charter of the Chatham Railroad Company ; An act concerning the State Educational Association of North-Carolina; An act to amend the Militia Bill; An act to incorporate the town of Dallas, in the County of Gaston; An act supplemental to, and declaratory of, an act ratified 6 SENATE JOURNAL. [Sessio® orted upon the resolutions entitled, to wit: Resolution in favor of James W. Freeman, recommending an amendment; and Resolution in favor of the "Wilmington and Weldon Rail¬ road Company," recommending that it do pass. Mr. Ramsay also introduced a bill entitled, " A bill in re¬ lation to the bounty of soldiers," which was read first time, when, on. his motion, the rules were suspended, and the same was read a second and third time and passed. Mr. Adams, of Guilford, was announced, as a member of the Committee on Enrolled Bills, in place of Mr. Wooley, ex¬ pensed, and to whom leave of absence was granted, on motion -of Mr. llall. Mr. Wright introduced a bill entitled, " A bill to incorpo¬ rate Dispatch Steam Boat Company," which was read, the rules having been suspended on his motion, three several times, and passed. On motion of Mr. Simpson, a message was sent to the House, that the Senate recommends as Justices of the Peace, for Rockingham county, Wra. L. Wright, Richard D. Harris, and Win. Lindsay. Leave of absence was granted to Mr. Matthews, from and after to-day, on motion of Mr. Warren. Mr. Adarns of Guilford, moved to re-consider the vote by 1862~'63.] SENATE JOURNAL. to which was adopted the report of the Committee of Confe*1- enee upon the disagreeing votes of the Senate and House on the Revenue bill. Mr. Hall moved to lay the motion to re-eonsider on the table, and asked thereon the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, # Messrs. Dickerson, Drake, Hall, Harris, Jarratt, Leitch, -Neal, Patton, Ramsay, Sharpe, Smith, of Anson, Smith, of Macon, Taylor, of Chatham, Taylor of Nash, White, Wright and Young—17. Those who voted in the negative are, Messrs. Adams, of Davidson, Adams, of Guilford, Aren- dell, Bagley, Blount, Carroway, Dickson, Eure, Faison, Gra¬ ham, Holeman, Jones, Lane, Lassiter, Lindsay, Matthews, Mnrrill, Patrick, Powell, Sanders, Simpson, Slaughter, Smith of Stanly, Warren, Whitford and Wiggins—26. So the motion did not prevail. The question being on the motion to re-consider, the yeas and nays were asked, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Adams of Guilford, Arendell, Bagley, Blount, Oar- roway, Dickson, Eure, Faison, Graham, Jones, Lane, Lassiter, Lindsay, Mnrrill, Patrick, Powell, Sanders, Simpson, Slaugh¬ ter, Warren Whitford, and Wiggins—22. Those who voted in the negative are, Messrs. Adams of Davidson, Dickerson, Drake, Hall, Har¬ ris, Holeman, Jarratt, Leitch, Matthews, Neal, Patton, Ram¬ say, Sharpe, Smith of Anson, Smith of Macon, Smith of Stan¬ ly, Taylor of Chatham, Taylor of Nash, White, Wright and Yonng—21. So the motion was agreed to. The question on the adoption of the report was now put, and decided in the negative. On motion of Mr. Smith of Macon, a message was sent to the House of Commons, that the Senate proposes to raise a Committee of Conference on the disagreeing votes of the two Houses upon the Revenue bill, and the Speaker announced &LNATE JOURNAL. . [Session as said committee on the part of the Senate, should the House agree to the proposition, Messrs. Graham, Lane, Ramsay, Warren and Smith of Macon. A message was received from the House, that they agree to the foregoing proposition, and appoint Messrs. Shepherd, Person, Russell of Brunswick, Watson and Allison, as the Committee on their part. Mr. Bagley introduced a hill entitled " A hill to raise five thousand troops for local defence which was read first time, # Mr. Arendell moved to take from the table the bill entitled " A bill authorizing the President and Directors of the Lit¬ erary Fund of North-Carolina to elect a Treasurerwhich motion was not agreed to. A communication from the Public Treasurer, in answer to¬ ll resolution calling upon him for information, was read, and, on motion of Mr. Ramsay, referred to the Committee on the Insane Asylum, and ordered to be printed. Messages were received from the House that they transmit sundry engrossed bills and resolutions, entitled, to wit: A bill in favor of C. Austin, sheriff of the county of Union; which was read first time, when the rules were sus¬ pended on motion of Mr. Smith of Anson, and the same was read a second and third times and passed. A bill to incorporate the Anderson Monument Association p Ajrhich was read three several times, the rules having been suspended on motion of Mr. Toung, and passed. A hill tp establish courts to investigate charges against citi¬ zens of North-Carolina imprisoned on account of offences al¬ leged'to have been committed against the Confederate Stateswhich was read first time and referred, on motion of Mr. Euro, to the Committee on the Judiciary. A hill to authorize and empower George W. Grumpier, late sheriff of Sampson county, to collect arrears of taxes p which was read first time, 4hen the rules were suspended on motion of Mr. Faison, and the same was read a second time and passed, and read-a third time. • Mr. Simpson moved to strike out the figures "1854, 1S55, 1862-'63.] SENATE JOURNAL. 85 1856 and 1857which was agreed to, and the bill, as amended, passed. Resolution in relation to impressment of teams and wagons, according td the jurisdiction con-, ferred in said Court by section 6 of the Revised Code, chap¬ ter 33." Mr. lane moved to amend the amendment by adding as follows: " Provided, That this act shall not apply to the pro¬ visions of the act of the last General Assembly, commonly known as the ' Stay Law,' in regard to the collection of debts," which was agreed to. The question being on the amendment, Mr. Graham asked for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Blount, Carroway, Dickerson, Graham, Jarratt, Lassitory Murrill, Neal, Patton, Ramsay, Sanders, Simpson, Sharpe, Slaughter, Smith of Anson, Warren and White—20. Those who voted in the negative are, Messrs. Bagley, Dickson, Drake, Eure, Faison, Hall, Har-i ris, Tloleman, Jones, Lane, Leitch, Lindsay, Matthews, Patrick, Powell, Smith of Macon, Smith of Stanly, Taylor of Chatham", Taylor of Nash, Whitford, Wiggins, Wright and Young—23. So the amendment was rejected. The bill passed and was read a third time, when Mr. War¬ ren moved to amend by striking out all after the enacting clause, and inserting the words of the amendment proposed by Mr. Graham, on'the second reading, together with thes^ words added to section 1: "Provided; That the said Superior Courts shall not have jurisdiction of civil causes except as ig now provided by law." Mr. Faison asked the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Adams of Davidson, Adams of Guilford, Carroway, Dickerson, Graham, Jarratt, Lassiter, Murrill, Neal, Patton, Ramsay, Sanders, Simpson, Sharpe, Slaughter, Smith of Anson, Smith of Stanly, AVarren and White—lfi. 88 SENATE JOURNAL* [Session Those voted in the negative are, Messrs. Arendell, Bagley, Blount, Dickson, Drake, Eure, Eaison, Hall, Harris, Heleman, Jones, Lane, Leitch, Lindsay, Matthews, Patrick, Powell, Taylor of Chatham, Taylor of Nash, Whitford, Wiggins, Wright and Young—2J. Go1 the amendment was rejected. Mr* Murrill moved to adjourn. Not agreed to. The bill passed its third reading; and on motion of Mr. Lindsay, the Senate adjourned until 10 o'clock, to-morrow morning. SATURDAY, Pebkuaey 7, 1803. Leave of absence was granted to Mr. Harris, on motion of •Mr. Holeman. Mr. Ramsay from the Committee on Claims, reported back the memorial of H. T. Wolstenholmes, and asked to be dis¬ charged from the further consideration thereof; and the com¬ mittee were so discharged. Mr. Leitch from the Committe on the Judiciary, reported Lack the bill entitled " A bill to establish courts to investi¬ gate charges against citizens of North-Carolina imprisoned on account of offences alleged to have been committed against the Confederate States,'T and asked to be discharged from its further consideration *, and the committee were so discharged, Mr. Sanders from the same committee, reported back upon the bill entitled "A bill to authorize the Judges at Chambers to decree sales of lands held by minors," recommending that it do not pass. A message was sent to the House of Commons, that the Senate recommends the following persons to be commission¬ ed as Justices of the Peace, to wit: Louis L. Merritt, for Sampson county; Addison M. Sullivan, Julius A. Neely, John Graham, J. D. Johnston, Richard Culberston and Dan'l Le86e, for Rowan county. A message was received, from the House, that they agree 1802—'63.] SENATE JOURNAL. 89 to the foregoing recommendations; and they recommend, ■also, W. II. "Walker, John Wescott, Wm. Waters, and Peter Rourk, for Brunswick county; Jonathan T. Gay and John W. Pugh, for Northampton, and Sam'l E. Hughes, for Colum¬ bus ; to which the Senate agreed. Mr. Lassiter moved to re-consider the vote by which the amendment to the bill entitled, " A bill to authorize and em¬ power George W. Crumpler, late sheriff of Sampson, to col¬ lect arrears of taxes," was agreed to. The motion prevailed, said amendment was rejected, and the bill passed. The following entitled bills were introduced, to wit: By Mr. Murrill, a bill to alter the time for the meeting of the General Assembly, which was read first time. Mr. Mur¬ rill moved a suspension of the rules, but the motion was not agreed to. By Mr. Matthews, a bill to prevent general starvation and to guard against an unfair execution of the conscript law, which was read first time, and referred, on his motion, to the Committee on Military Affairs. By Mr. Eure, a bill to amend the 23d section of an act pass¬ ed at the second extra session of the General Assembly, I860 and '61, entitled, " Militia Bill,' which was read first time and. referred, on his motion, to the Committee on Military Affairs. By Mr. Blount, a bill to be entitled "An act for the relief of sheriffs," which was read first time and referred, on his mo" tion, to the Committee on the Judiciary. Mr. Ilall, for the Committee on the Judiciary, reported up¬ on the bill entitled, "A bill to repeal the 20th section of the 31st chapter of the Revised Code," recommending that it do not pass. The resolution entitled, "Resolution in favor of James Eree- man," was read a second time, when the amendment recom¬ mended by the Committee on Claims, to wit: Strike out the word " chaplain " was adopted, and the resolution passed and was read a third time and passed. Mr. Lane moved to re-consider the vote on the same, and that motion was laid on the table. ■ 90 sicnate Journal [Session Said resolution and the bill entitled, " A bill to incorporate Dispatch Steam Boat Company," were sent, duly engrossed to the House of Commons. On motion of Mr. White, the bill entitled, " A bill for the relief of the wives and families of soldiers in the army," was taken up and read a second time. Mr. Lane moved to amend by1 striking out in section 3d, the words " white population," and inserting words "as fol¬ lows, to wit: " number of families of volunteers or soldiers who now are, or- who have heretofore been, or may hereafter be in the service of the Confederate States, that are in indi¬ gent circumstances and have not the means of support." Mr. Murrill moved to amend the amendment by striking out all after the word " number " and inserting as follows, to wit: " of soldiers in service from each county ; and, the Gov¬ ernor is hereby authorized and directed to issue his proclama¬ tion calling upon the Colonels of Militia of the State to ascer¬ tain the number of men who are now in the military service, or who have been in such service and have died, been killed or disabled, and report the whole number to the Adjutant General as soon as possible." Mr. Lindsay moved to lay on the table the bill and amend¬ ments, and Mr. Ramsay asked thereon the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Blount, Drake, Lindsay, Patrick, Powell, Sharpe and Slaughter—7. Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Carroway, Dickson, Dickerson, Eure, Graham, Holeman, Jarratt, Jones, Lane, Lassiter, Leitch, Matthews, Murrill, Neal, Patton, Ramsay, Smith of Anson, Smith of Macon, Smith of Stanly, Warren, Whitford, White, Wiggins, Wright and Young—28. So the motion did not prevail. Mr. Slaughter moved to postpone until Wednesday next; which was not agreed to. lS62-'63.] SENATE JOURNAL. n The question being on the .amendment to the amendment, it was not agreed to. The amendment also was not agreed to. Mr. Young moved to amend by striking out all after the enacting clause, and inserting as follows, to wit: " That the Courts of Pleas and Quarter Sessions of this State, a majority of the Justices being present, and the Mayor and Commissioners of incorporated towns and cities shall have power to make appropriations of money and levy taxes upon all subjects of taxation now taxed for State purposes to raise the same for the purpose of raising, equipping and pay¬ ing any police force which they may deem necessary for the protection of the citizens or property of the county, town or city, and for the further purpose of rendering aid and support to the indigent families of persons engaged in the military service of the State ; and for these purposes the said counties, towns or cities shall have power to borrow money upon the faith and credit of the county, town or city, for which certifi¬ cates shall be issued and signed on behalf of the counties by the phairman, and countersigned by the Clerk of the Court, and on behalf of the towns and cities, by the presiding officer of the Board of Commissioners, and countersigned by the Secretary of said Board ; and, that each county in the State providing for the indigent as herein proposed, shall be enti¬ tled to receive reimbursements for all money raised and paid out for that purpose by them : Provided, That the claim of each county shall first be presented to the Public Auditor and allowed by him, when it shall be paid by the Public Treasurer to the properly authorized agent of the county." The consideration of the bill before the Senate was post¬ poned, on motion of Mr. Hall, in order to take up the bill en¬ titled, " A bill in relation to the Wilmington and Weldon Railroad Company," which was read a second time and pass¬ ed, when the rules were suspended, and the same was read a third time and passed. Leave of absence was granted to Mr. Copeland, on motion of Mr. Murrill. 02 SENATE JOURNAL. [Session The consideration of the bill for the relief of the families of soldiers in the army, was resumed. The question being on the amendment proposed by Mr. Young, the yeas and nays were asked for by him, and one- iifth agreeing: Those who voted in the affirmative are, ' Messrs. Carroway, Copeland, Drake, Holeman, Lane, Leitch, Murrill, Patrick, Powell, Sanders, Sharpe, Slaughter, Smith of Anson, Whitford and Young—15. Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Bagley, Dickson, Dickerson, Eure, Faison, Graham, Jarratt, J ones, Lassiter, Lindsay, Matthews, Neal, Patton, Ramsay, Smith of Macon, Smith of Stanly, Taylor of Nash, Warren, White, Wiggins and Wright—24. So the amendment was not adopted. The bill passed, and was read a third time and amended on motion of Mr. Sanders, by inserting in section 1, line 6, be¬ fore the word " volunteers," the word "indigent," aDd, on motion of Mr. Graham, by striking out the words " volun¬ teers and " in same line and section, and also by inserting the word "indigent" in line 8, same section, before the word " soldiers," and by striking out same word in line 5, section 5, and inserting it before the word "soldiers" therein. The question being on the passage of the bill as amended, Mr. Lindsay asked for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Bagley, Carroway, Dickson, Dickerson, Eure, Faison, Graham, Jarratt, Jones, Lane, Lassiter, Leitch, Matthews, Neal, Pat- ton, Patrick, Ramsay, Sanders, Slaughter, Smith of Anson, Smith of Macon, Smith of Stanly, Taylor of Nash, Warren, White, Wiggins and Wright—30. Those who voted in the negative are, Messrs. Drake. Ilall, Holeman, Lindsay, Murrill, Powell, Sharpe, Whitford and Young—9. lS02-'63.] SENATE JOURNAL. 93 I So the bill passed. < A message was received from the House of Commons, that they refuse to adopt the report of the Committee of Confer¬ ence upon the disagreeing votes of the two Houses upon the Revenue bill, and "propose that a new Committee of Con¬ ference be raised to consist of five on the part of each branch of the General Assembly, to whom shall be referred the sub¬ ject with instructions to report a system by which each slave may be taxed according to his value, to be assessed as in the case of lands." The Senate refused to agree to the proposition ; but, on motion of Mr. Graham, a message was sent to the House, that the Senate proposes to raise a new Committee of Conference without instructions. The bill entitled, " A bill to amend the Revised Code in relation to habeas corpus" was made the special order for Monday," 11 o'clock, on motion of Mr. Graham. Another message wa3 received from the House, that they have adopted a resolution that the two houses of the General Assembly do adjourn, sine die, on "Wednesday next, at 6 o'clock, A. M., and ask-the agreement of the Senate. Mr. Adams, of Guilford, moved to lay on the table. Mr. Hall then asked for the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative are, Messrs. Adams of Guilford, Arendell, Bagley, Blount, Car- roway, Dickerson, Brake, Eure, Jarratt, Neal, Patton, Ram¬ say, Slaughter, Smith of Macon, Warren and Wiggins—16. Those who voted in the negative are, Messrs. Adams of Davidson, Dickson, Faison, Graham, Hall, Holeman, Lane, Leitcli, Lindsay, Matthews, Murrill, Powell, Sanders Sharpe, Smith of Anson, Smith of. Stanly, Taylor of Nash, Whitford, Wright and Young—20. • So the motion did not prevail. The question recurring on agreeing to the proposition of the House, the yeas and nays were asked and agreed to; and, Those who voted in the affirmative are, 94 SENATE JOURNAL. [Session Messrs. Dickson, Drake, Faison, Graham, Hall, Holeman, Lane, Leitch, Lindsay, Matthews, Murrill, Powell, Sanders, Sharpe, Smith of Anson, Smith of Stanly, Whitford, "Wright and Young—19. * Those who voted in the negative are, Messrs. Adams of Davidson, Adams of Guilford, Arendell, Bagley, Blount, Carroway, Dickerson, Eure, Jarratt, Jones, Neal, Patton, Ramsay, Slaughter, Smith of Macon, Taylor of Chatham, Warren and Wiggins—18. So the proposition was agreed to. Leave of absence was granted to Mr. Hall, on motion of Mr. Wiggins. A message was received from the House of Commons, that they agree to the appointment of Justices of the Peace for the counties of Beaufort, Cumberland, Stokes, Richmond and Rockingham, recommended by the Senate, and they recom¬ mend as Justices of the Peace for the county of Beaufort, Jas. L. Fowle and Thomas B. Bowen, and for Harnett county, Joseph Rosser and C. B. Horton ; to which the Senate agreed. The Senate adjourned, on motion of Mr. Slaughter, until Monday morning, 10 o'clock. MONDAY, Febkuaky 9, 1863. 'Senate met—Mr. Graham in the Chair. - Messages were received from the House of Commons, that they transmit accompanying engrossed bills and resolutions, entitled, &c., to wit: Resolution in favor'of John O. Wallace. Resolution concerning mileage; A bill in relation to public roads; Resolution to enclose the soldiers' burial ground ; A bill in reference to taxes and the liabilities of Sheriffs; A bill to authorize the promotion of officers, non-commis¬ sioned officers, and privates, for gallant and meritorious con¬ duct ; 1862-'63.] SENATE JOURNAL. 95 A bill to be entitled an act to legalize certain disburse¬ ments trom the Treasury ; and A bill to punish aiders and abettors of deserters; which were read first time ; Also a bill to amend an act entitled " Militia;" which was read three several times, the rules having been suspended, on motion of Mr. Eure, and passed; Resolution concerning the printing of the Journals of the House of Commons of the session l$62-'63; which was read first time, and the rules having been suspended, was read second time,when Mr. Murrill moved to postpone indefinitely ; which was not agreed to, and said resolution was laid on the table, on motion of Mr. Arendell; A bill to authorize certain alterations in the Treasury office; which was read three several times, the rules having been suspended, on motion of Mr. Smith, of Macon, and passed. A message was received from the House of Commons, that they agree to the proposition of the Senate to raise another committee of conference on the Revenue bill, and appoint on their part Messrs. Fowle, Foust, Shepherd, Albritton, and Robbins, said committee. The Chair appointed on the part of the Senate, Messrs. "Wiggins, Smith, of Macon, Young, Patton and Warren. Said committee, on motion of Mr. Warren, had leave to sit during the session of the Senate. Another message was received from the House, that they had passed the bill entitled " A bill to amend the 102d chap- ter of the Revised Code," with amendments. The Senate refused to agree to said amendments and the House were informed thereof. A message was received from the House, that they insist .upon the amendments made to the foregoing bill, and ash a conference, and should the Senate agree, they appoint Messrs. Shober, Shepherd and Allison said committee on their part. The Senate agreed thereto, and the Chair appointed Messrs. Lassiter, Arendell and Faison, said committee, on the part of the Senate. 96 SENATE JOURNAL. [Session. The' special order was postponed until 12£ o'clock, on mo¬ tion of Mr. Wiggins. Another message from the House was received, that they transmit a message from His Excellency the Governor, and accompanying communications from the President of the At¬ lantic and North-Carolina Railroad Company, in relation to the seizure of a portion of the iron of said Company's road, for the use of the Piedmont Railroad," and propose to raise a Joint Select Committee, to whom the same should be referred; also a communication from the Public Treasurer, and propose that the same be referred to the Committee on Finance. The message was agreed to. The communication from the Public Treasurer was referred to the Committee on Finance, and the Chair announced Messrs. Patrick and Whitford as the Senate branch of the joint select committee aforesaid. A message was sent to the House of Commons that the Senate recommends to be commissioned as Justices of the Peace for Craven county, Samuel Whitehurst, George Yen- tns, Thomas Gaskins and Allen Williams, recommended by Mr. Whitford; for Warren county, Thomas W. Roselet, recommended by Mr. Drake. A message was received from the House that they trans¬ mit engrossed bills entitled to wit: A bill to incorporate the Branch Monumental Association, and a bill to charter the Shelby and Broad River Railroad Company, which were read first time and subseqently taken up and read a second and third times, (the rules having been suspended as to the former, on motion of Mr. Arendell, and as to the latter, on motion of Mr. Dickerson,) and passed. Mr. Patrick moved to postpone the further consideration of the latter bill until to-morrow 12 o'clock, but the motion was not agreed to. Engrossed resolutions entitled "Resolution in favor of Joseph Marshall, Sheriff of Stanly county," and " A resolution in favor of the Wilmington and "^eldon Railroad Company," were transmitted to the House of Commons. Mr. Graham introduced a resolution authorizing the Chief a882->63.] SENATE JOURNAL. 97 'Clerks of the Senate and Hoiise of Commons to employ such, additional engrossing clerks as may be necessary to expedite business during the present session, which was adopted, -engrossed and sent to the House of Commons. A message was received from the House of Commons that they propose to the Senate to raise a joint select committee -to investigate the condition of the office of the Secretary of State and report whether any additional clerical force is needed therein, and the committee are requested to invite the lale incumbent of said office to be present when they make ■such investigation, said committee to consist of three on the part of the House and two on the part of the Senate. The message was agreed to and the Chair appointed as the committee on the part of the Senate, Messrs. Smith of Macon -and Murrill. Mr. Eure moved to take up the bill entitled " A bill to punish aiders and abettors of deserters from the army but the motion was not agreed to. Mr. Smith of Stanly introduced a resolution entitled " Res¬ olution in favor of Joseph Marshall, sheriff of Stanly county," which, under a suspension of the rules, was read three several times and passed. A message was received from the House that they agree to the recommendation made by the Senate of Justices of the Peace, and they appoint Messrs. Best, Woodall and Hawes, committee on their part upon the message of His Excellency the Governor and accompanying communications in relation to the seizure of iron belonging to the Atlantic and North-Car¬ olina Railroad Company. The bill entitled " A bill to repeal the 20th section of the . 31st chapter of the Revised Code," was read a second time and, on motion of Mr. Eure, laid on the table. The engrossed resolutions entitled " Resolutions in relation to the liberty of the people," were read a second time, and on motion of Mr. Graham, laid on the table. » On motion of Mr. Faison, the resolution entitled " Resols_ 7 98 SENATE JOURNAL. [Session tion in" favor of B. J. Dunlap," was taken up, read second and third times and passed. The bill entitled "A bill to amend the 1st section of the 4th chapter of the Revised Code," was taken up t>n motion of Mr. Graham, and the same was read second and third times and passed. The bill entitled "A bill to exempt old men from militia duty," was read a second time. Mr. Murrill moved to lay on the table, and it was not agreed to. On motion of Mr. Graham, the preamble was stricken out, and the bill passed and was read a third time, and the title of said bill was amended to stand " A bill to amend the militia law." Mr. Carroway moved to lay on the table. Not agreed to. On the passage of the bill, its third reading, Mr.. Carroway asked for the yeas and nays, and one-fiith agreeing: Those who voted in the affirmative are, Messrs. Adams of Guilford, Arendell, Bagley, Blount, Dick¬ son, Diekerson, Drake, Faison, Graham, Jarratt, Jones, Las- ■siter, Neal, Patrick, Sharpe, Slaughter, Smith of Macon, Smith •of Stanly, Taylor of Nash, Warren and Wright—21. Those who voted in the negative are, Messrs. Carroway, Eure, Holeman, Powell and Whitford—5. So the bill passed. The order of the day being the bill entitled " A bill to amend the Revised Code in relation to habeas eoi^usf was . read a third time. Mr. Warren moved to amend by adding sections as follows, to wit: .Seo. 4. Beit further enacted, That if any person in the mili¬ tary service of this State or the Confederate States, shall have in custody any person not in such service, and to whom a writ of habeas corpus shall be directed in behalf of such person, ■shall neglect or refuse to make returns as is provided by the 35th Chapter of the Revised Code, or to bring the body of the prisoner according to the command of the writ without delay} 1862-63.3 SENATE JOURNAL. 99 or shall not, within six hours after demanded, deliver a true copy of the cause of caption and detention, he shall be deem¬ ed guilty of a misdemeanor, and shall, upon conviction, be fined not less than one thousand dollars, and shall be liable in damages not to be less than five hundred dollars, to the par- ty aggrieved. Sec. 5. Be it further enacted,, That upon such neglect or refusal being made known by the affidavit of the sheriff or other officer, to whom such writ is delivered, to the judge be¬ fore whom the said writ is returnable, the judge shall issue his warrant against the party so neglecting or refusing, to be directed to the sheriff of the county where such party may be, and commanding him to arrest such party, and bring him be¬ fore the said judge; and the said judge shall, unless good .cause be shown, bind him over for his appearance at the next term of the Superior Court of the county where the writ is returnable, to answer the charge of the State against him, under the foregoing section. Sec. 6. Be it f urther enacted, That the cost of the proceed¬ ings upon such habeas corpus shall, in case of the discharge of the prisoner, be paid by the party to whom such writ is di¬ rected, .©r by the State, as the judge may order. Sec. 7. Be it further enacted, That the Governor be, and he is hereby authorized to employ counsel to investigate the cases of such persons as are, or shall hereafter be, in custody ,as aforesaid, and to institute such proceedings in their behalf, as he shall think proper. Sec. 8. Be it further enacted, That this act shall be in force from and after its ratification. Mr. Graham introduced a bill entitled, " A bill to authorize a special term of Randolph County Court, to do other county business in addition to laying county taxes," which was read first time. Mr. Warren introduced a bill entitled, "A bill concerning the sale of property seized by attachment," which was read first time. A message was. received from the House of Commons, that 100 SENATE JOURNAL. [Session they have adopted the report of the Committee of Conference .on the Revenue Bill, and transmit the same for the action oi the Senate. The Senate concurred in the report, which is as follows, to wit: " The Committee of Conference, to whom has been referred the disagreement between the Senate and House of Commons, respecting the Revenue Bill, have agreed upon this amend¬ ment, and have directed me to report the same, and ask the concurrence of the General Assembly therein. " All slaves in this State, to be taxed according to value, which value is to be ascertained by the same persons who as¬ sess the value of lands." J. G. SHEPHERD, for the Committee. A message from the House was received, that they agree to the amendments made by the Senate, to the bill entitled, " A bill to exempt old men from Militia duty ; also a mes¬ sage, that they agree to the recommendation of Justices of the Peace for the county of Halifax; and they recommend the following persons to be appointed Justices of the Peace for their respective counties, viz: W. H. H. Tucker, of Wake; Riley P. Stamper, J. H. Doughten, and Robert Gambill, sen., of Alleghany, to which the Senate agreed, and also, a mes¬ sage, that they agree to the amendments made by the Senate, to the bill entitled, " A bill for the relief of the wives and fa- miles of soldiers in the army," and said bill is ordered to be enrolled. Mr. Eure moved to lay on the table the order of the day, and amendment, and Mr. Sharpe moved to adjourn until 7 o'clock P. M. Mr. Slaughter moved to adjourn until 10 o'clock to-morrow morning. The Senate adjourned until 7 o'clock, P. M. 1862-63.] SENATE JOURNAL. 101 Evening Session,—Seven o'clock, P. M. The consideration of the special order was resumed, and the question being on the motion *of Mr. Etire, to lay on the table, the yeas and nays were asked for, by Mr. Eure, and one-lifth agreeing: Those who voted in the affirmat ive are, Messrs. Dickson, Drake, Holeman, Murrill, Powell, Whit- ford, White and Young—8. Those who voted in the negative are, Messrs. Adams of Guilford, Arendell, Bagley, Blount, Dick- erson, Faison, Graham, Jarratt, Jones, Lassiter, Patton, Patrick, Sharpe, Slaughter, Smith of Stanly, Warren, Wiggins and Wright—18. So the motion did not prevail. The question now being on the amendment proposed by jMr. Warren, he asked thereon the yeas and nays, and one- fifth agreeing: Those who voted in the affirmative are, ' Messrs. Adams of Guilford, Arendell, Bagley, Blount, Jar¬ ratt, Jones, Lassiter, Patrick, Sharpe, Slaughter, Warren and Wright—12. Those who voted in the negative are, Messrs. Carroway, Dickson, Dickerson, Drake, Faison, Graham, Holeman, Murrill, Patton, Powell, Smith of Stanly, White, Wiggins and Young—14. So the amendment was rejected. The question recurring on the passage of the bill on its third reading, it passed, and was sent to the House of Com- liions, the joint rule, no. 5, having been suspended, on motion of Mr. Graham, and the House agreeing thereto. The Senate agreed to a message received from the House of Commons, that they recommend A. P. Strowd and Abner Holton, of Orange County, to be commissioned as Justices of the Peace. A message was received from the House, that they trans¬ mit the report of the committee of conference on the disagree- 102 SENATE JOURNAL. [Session ing votes upon the bill entitled " A bill to amend the 102d chapter of the Revised Code, entitled Salaries and Fees. "" The Senate concurred in the report, which is as follows, to wit: The conference committee to whom wa3 referred a bill to amend the Revised Code, chapter 102, entitled "Salaries- and Fees," report that they have agreed upon the amendments- proposed by the House of Commons, and recommend the passage of the bill as amended. F. E. SHOBEE, Chairman< of Com. of Con. On mption of Mr. Graham, the bill to authorize a special term of Randolph county court to do other county busi¬ ness in addition to laying county taxes, was taken up, and- read a second and third times and passed. Messages were received from the House of Commons, that they transmit certain engrossed bills and resolutions, and bills= and resolutions not engrossed,-for the action of the Senate, entitled, to wit: A bill to ensure the protection of the people of North-Car¬ olina against small pox; which was read first time, and Mr. Sharpe moved to refer to the Committee on Propositions and Grievances, but the motion was not agreed to; A bill to provide for the establishment of iron works, to manufacture Railroad and all other iron; which was read first time and referred, on motion of Mr. Warren, to the Committee on Corporations; Mr. White moved to reconsider the vote by which the foregoing bill was referred. Not agreed to. Resolution to furnish clerks of the county and superior courts and clerk and master in equity in Transylvania county, with copies of the acts of the General Assembly and Revised Code; which was read three seveaal times and passed, the rules having been suspended on motion of Mr. Patton ; A bill concerning the statute of limitations; which wae i862-'63.] SENATE JOURNAL. 103 read three several times and passed, the rules having been suspended on motion of Mr. "Warren ; Resolution in favor of E. M. Welborn; which was read three several times and passed, the rules having been sus¬ pended on motion of Mr. Sharpe; Mr. Smith, of Macon, from the committee to whom was referred resolution directing inquiry into shipments upon Railroads, reported resolutions on the subject which were read and passed over informally. A bill for the relief of the families of deceased soldiers, and to provide for a roll of honor; which was read first time; A bill to incorporate the Yadkin Valley and Western Rail¬ road Company; which was read first time, when the rules ' were suspended, on motion of Mr. Murrill, and the same was read a second time and amended, on motion of Mr. Jarratt, by inserting the names of Q. F. Neal and James M. Gentry, of Alleghany, and J. M. Cloud, IT. C. Hampton, R. Gwyn, Sen'r., D. J. Hollingsworth and R. Martin, of Surry, in sec¬ tion 2, and passed and was read a third time and passed; A bill to suspend the 3d, 4th and 5th sections of the lYth chapter of the Revised Code ; which was read three several times and passed, the rules having been suspended on motion of Mr. Warren. On motion of Mr. Warren, the bill entitled "A bill con¬ cerning the sale of property seized by attachment," was taken up and read a second time, and amended by striking out the words*'ten days public notice being given," and inserting, words "such sale being advertised as is now prescribed by law in the case of the sale of perishable property when at¬ tached." The bill as amended passsed and was read a third time and passsed. The following entitled bills and resolutions transmitted from the House ot Commons, were read first time, to wit; A bill in reference to taxes and liabilities of Sheriffs; A bill to extend the charter of the Pittsboro' and Haywood Plank Road Company; 204 SENATE JOURNAL. [Session? A bill concerning Common Schools; A bill to amend the 5th section of the 5th chapter of the Revised Code, entitled " Apprentices;" A bill to incorporate the Rhymer Gold & Copper Mining Company, in the county of Rowan ; A bill in favor of A. A. "Wiseman, Sheriff of Mitchell county; A bill to extend the time of perfecting title to land hereto¬ fore entered; A bill to amend 2d section, 64th chapter Revised Code my A bill to authorize H. Hunter, late Sheriff of Madison county, to collect arrears of taxes due said Sheriff^ for the years 1858-59; Resolution in favor of J. G. Carroway; Resolution in favor of the sureties of William Green, late Sheriff' of Haywood county; and Resolution in favor of Wm. J. Murray, Sheriff of Alamance County} Mr. Eure from the Committee on Military Affairs, reported upon the bill entitled " A bill to amend the 23d section of an act passed at the second extra session of the General Assem¬ bly, 1860-'61, entitled 1 Militia Bill,' " recommending that it do pass. On his motion the rules were suspended, and the said bill was read second and third times and passed. The Senate adjourned, on motion of Mr. Jones, until 10 o'clock to-morrow morning. TUESDAY, February 10, 1S63. Prayer by Rev. Mr. Hardie. The chair announced Messrs. Smith of Anson, White and Arendell, as the Senate branch of the Committee on Enrolled bills. Mr. Arendell, from the Committee on Corporations, report¬ ed upon the bill entitled, if A bill to provide for the estab- 1862—'63.] SENATE JOURNAL. 105 lishment of Iron works, to manufacture railroad and all other iron," and recommended that it do pass. Mr. Eure from the Committee on Military Affairs, reported upon the bill entitled, 4£ A bill to prevent general starvation, and to guard against an unfair execution of the conscript law," recommending that it do not pass. The Chair announced Mr. Jones as a member of the Com¬ mittee on Finance. On motion of Mr. Young, the Senate proceeded to the con¬ sideration 6f bills and resolutions, appropriating money, and the following entitled bills and resolutions, under a suspension of the rules, passed their several readings and are ordered to be enrolled, to wit: A resolution in favor of John Roseman ; Resolution in favor of W. W. Ilapper; Resolution in favor of the sureties of ¥m. Green, late Sher¬ iff of Haywood County; Resolution in favor of J. G. Carroway , Resolution in favor of J. B. Davis ; Resolution in favor of W. "W". Greei; Resolution in favor of A. B. Downs ; Resolution in favor of R. V, Blackstock; Resolution in favor of R. Y. Blackstock ; Bill for the relief of J. W. Cromartie ; A bill in favor of the sureties of John S.. "Willis, late sheriff of Bladen county; A bill to authorize the securities of W.-W. Profit, to collect arrears of taxes; Resolution in favor of Wm. Thompson ; Resolution in favor of W. J. Murray, sheriff of Alamance County; A resolution in favor of A. A. Wiseman, sheriff of Mitch¬ ell County; Resolution in favor of John O. Wallace ; and A bill to change the time of holding the Courts of Probate and public sales' days, in the County of Rutherford. Mr. Wright introduced a bill entitled, "A bill to amend 106 SENATE JOURNAL. [Session an act to prohibit the distillation of spirituous liquors," which was read first time. Said bill was subsequently taken up, and the rules having been suspended, on motion of Mr. "Wright, was read a second and third times, and passed. The resolutions entitled, " Resolution in favor of L W. Kornegay," and " Resolution in favor of Thomas Waters," were read second time each, and laid on the table, on motion of Mr. Murrill. Mr. Sharpe introduced a bill entitled, " A bill disfranchis¬ ing deserters, which was read first time. A message was sent to the House of Commons, that the Senate recommended to be commissioned as Justices of the Peace: II. F. Granger, for Green County ; H. C. Bennett, for Burke county, and W. A.Jenkins, for Warren county, to which the House agreed. The Senate agreed to a message from the House, that they recommend R. R. Taylor, as a Justice of the Peace for Bertie County. On motion of Mr. Young, a message was sent to the House of Commons, that the Senate proposes to go into an election for two Trustees of the University, and a message was receiv¬ ed from the House, that they agree thereto, and appoint Messrs. Cobb and Lyle, as the Committee on their part to su¬ perintend the election ; and that Z. B. Yance, and P. Richard¬ son, are in nomination. The Chair announced Messrs. Arendell and Powell, as the Senate branch of said* Committee. The resolution to appoint a committee to investigate the ship¬ ments upon railroads of this State, were taken up and amended on motion of Mr.Smith, by filling the blank with "five dollars," Mr. Murrill having proposed to fill with " three dollars," which was not agreed to; also, by striking out of resolution, first, words, so as to redd the " Governor shall appoint three Commissioners to investigate." &c. And, said resolutions as amended, were adopted, and sent to the House of Commons. Also, the following bills were sent to the House, to wit: 1S62-'63.J SENATE JOURNAL. 107 A bill concerning the sale of property seized by attach¬ ment ; .A bill to amend the 23d section of an act, passed at the second extra session of the General Assembly 1860 and '61, entitled " Millitia Bill A bill to incorporate the Yadkin Yalley & Western Rail¬ road Company, with amendments made by the Senate there¬ to; and A bill amending an act to incorporate the town of Ashe- ville. Mr. Warren, from the Committee on the Judiciary, report¬ ed upon the bill entitled "A bill to be entitled 'An act for the relief of sheriffs,'" and asked to be discharged from its further consideration ; and the committee were so discharged. A message was received from the House of Commons, that they propose to rescind the joint resolution in relation to ad¬ journment, and that the General Assembly do adjourn sine die on Thursday next, at 6 o'clock, A. M. Mr. Sharpe moved that the Senate do not concur; but pro¬ pose to adjourn on Thursday morning, 4 o'clock, A. M. Upon the question of concurring the yeas and nays were asked, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Arendell, Bagley, Blount, Carroway, Faison, Las- siter, Neal, Patton, Patrick, Slaughter, Smith of Macon, Tay¬ lor of Nash, Warren and Wright—14. Those who voted in the negative are. Messrs. Adams of Guilford, Dickson, Dickerson, Drake, Eure, Graham, Holeman, Jarratt, Murrill, Powell, Sharpe, Smith of Anson, Smith of Stanly, Whitford, White, Wig¬ gins and Young—17. So the motion was not agreed to. Mr. Patton moved that a message be sent to the House of Commons, that the Senate proposes to adjourn on Thursday, at 4 o'clock P. M. The Yeas and nays were asked for on this motion, and one- fifth agreeeing: 108 SENATE JOURNAL. [Session Those who voted in the affirmative are, Messrs. Arendell, Bagley, Blount, Carroway, Enre, Faison, Jarratt, Lassiter, Neal, Patton, Sharpe, Slaughter, Smith of Macon, Taylor of Nash, Warren, Wiggins and Wright—17. Those who voted in the negative are, Messrs. Adams of Guilford, Dickson, Dickerson, Drake, Graham, Holeman, Murrill, Patrick, Powell, Smith of Stanly, Whitford, White and Young—13. So the motion was agreed to. A message was received from the House, that they agree to the proposition to adjourn on Thursday at 4 o'clock, P. M. Mr. Arendell, from the Committee to superintend the elec¬ tion of two Trustees of the University reported, that no one received a majority of. the whole number of votes cast, and there is no election. Mr. Eure, from the Committee on Military Affairs, re¬ ported back the resolution of instruction in relation to the pay of militia officers, who are acting as enrolling officers for the Confederate States, for the purpose of taking up con¬ scripts and deserters, and asked to be discharged from the further consideration of the subject. And the Committee were so discharged. Mr. Eure, also from the same Committee to whom was re¬ ferred the resolution of inquiry as to arms furnished by the State to the State of Virginia before the war, &c., reported a resolution entitled, "Resolution instructing the Adjutant General of this State to correspond with the Adjutant Gener¬ al, or Governor of the State of Virginia, relative to arm3 fur¬ nished that State," which was adopted. A message was received from the House, that they trans¬ mit resolutions entitled, to wit: Resolution in favor of the Principal and Assistant Clerks 6f the Senate and House, and resolutions in favor of the Door¬ keepers, which were read three several times, under suspen¬ sion of the rules, and passed. The bill entitled, a bill in relation to public roads, was read a second time, when 1862-,63.] SENATE JOURNAL. 109 Mr. Sharpe moved to lay on the table, and asked the yeas and nays thereon, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Adams of Guilford, Bagley, Carroway, Dickson, Dickerson, Drake, Holeman, Lassiter, Neal, Patton, Powell, Sharpe, Slaughter, Smith of Anson, Smith of Macon, Smith of Stanly, Taylor of Nash, Whitford, White and Wiggins—20. Those who voted in the negative are, Messrs. Arendell, Eure, Jarratt, Murrill, Patrick, Warren, Wright and Young—8. So the bill was laid on the table. Messages from the House of Commons, that they transmit certain resolutions was received, to wit: Resolution in favor of John Spelman, which was read three several times and passed ; A resolution in favor of Capt. W. B. Clement's Cavalry Company, wbich was read and laid on the table, on motion of Mr. Murrill. The bill entitled "A bill amending an act to incorporate the town of Asheville," was read a third time and passed, and sent to House of Commons. The following entitled bills and resolutions were read a se¬ cond and third times and passed, and ordered to be enrolled, to wit: A bill to extend the charter of the Pittsborough and Hay¬ wood Plankroad Company; A bill to extend time of perfecting titles to land heretofore entered. Resolutions to enclose the soldiers' burial ground, and a bill in reference to taxes and liabilities of sheriffs. The Senate agreed to the recommendation of P. II. Win¬ ston and. others, which had been laid on the table, as Justices of the Peace for Bertie county. The bill entitled, " A bill to punish aiders and abettors of deserters," was read a second time, and on the question of its passage, the yeas and nays were asked by Mr. Drake, and one-fifth agreeing thereto: 110 SENATE JOURNAL. [Session Those who voted in the affirmative are, Messrs. Carroway, Dickson, Drake, Eure, Eaison, Holeman, Murrill, Powell, Sharpe, Smith of Anson, Whitford and Young—12. Those who voted in the negative are, Messrs. Adams of Guilford, Arendell, Bagley, Blount, Dickerson, Graham, Jarratt, Lassiter, Neal, Patton, Pa¬ trick, Slaughter, Smith of Macon, Warren, Wiggins and Wright—16. So the bill was rejected. And the Senate adjourned until 7% o'clock, P. M. Evening Session—Seven-and-a-half o'clock, P. M. A message was received from the House of Commons, that they had adopted the resolutions to raise a Committee to in¬ vestigate the matter, of shipments upon railroads of this State with amendments, (being the same as made by the Senate.) The Senate agreed to the message, and said reso¬ lutions are ordered to be enrolled. Also, a message that they had passed the bill entitled, "A bill concerning the Courts of Pleas and Quarter Sessions of Franklin County," with an amendment to include the County of Caldwell within the provisions of said bill. The Senate agreed to the amendment. Also, a message that they agree to the amendment made by the Senate to the bill entitled, " A bill to incorporate the Yadkin Valley and Western Rail Road Company," and said bill is ordered to be enrolled. Mr. Smith of Macon, introduced a bill entitled, " A bill to amend an act entitled, ' An act to amend an act entitled Militia Bill,'" which was read three several times and passed. Mr. Warren introduced a resolution authorizing and direct¬ ing the Secretary of State to have published certain Ordi¬ nances of the late Convention of the State, which was adopted. The bill entitled, " A bill to insure the protection of the 1802-'63.] SENATE JOUENAL. Ill people of North-Carolina against small pox," was read a second time. Mr. Sharpe moved to lay on the table, and asked thereon the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Carroway, Diekerson, Jarratt, Sharpe and Young—5. Those who voted in the negative are, Messrs. Adams of Guilford, Arendell, Bagley, Blount, Dick¬ son, Eure, Faison, Graham, Iloleman, Jones, Murrill, Patton, Patrick, Sanders, Slaughter, Smith of Anson, Smith of Macon, Taylor of Nash, Warren, Wiggins and Wright—21. So the motion did not prevail. Said bill was amended, on motion of Mr. Graham, as fol¬ lows : strike out in section 6, words " penal offence" and insert word " misdemeanorstrike out all of said section after the word " months" in line 6; strike out words " for six months," and insert " at the discretion of the Court:" on motion of Mr. Sharpe, by inserting the word " resident " before the word " physician " in line 2d, section 2; also, on motion of Mr. Graham, by striking out section 4th, and on motion of Mr.. Warren, by inserting before the word "im¬ prisoned," in line 6, section 6, the words "fined or." Mr. Young moved to amend by striking out section 7th, and inserting as follows, to wit: Be it further enacted, That the Surgeon-General be au¬ thorized to draw upon the Treasurer, out of the funds already placed at his command, for the relief of our sick and wounded soldiers, for such sums of money as may be required to erect hospitals and defray other expenses necessary to carry into ■effect the provisions of this act. Mr. Sharpe moved to adjourn. Not agreed to. The question being on the amendment proposed by Mr. Young, Mr. Warren asked for the yeas and nays, and one- iifth agreeing: Those who voted in the affirmative are, 112 SENATE JOUKNAL. [Session Messrs. Carroway, Dickerson, Graham, Jarratt, Lassiter, Mnrrill, Sanders, Sharpe, Smith, of Anson and Young—10. Those who voted in the negative are, Messrs. Adams, of Guilford, Arendell, Bagley, Blount, Dickson, Eure, Faison, Jones, Patton, Patrick, Slaughter, Smith of Macon, Taylor of Nash, Warren, Wiggins and Wright 16. So the amendment was not adopted. Mr. Sharpe moved to amend, by adding to section second these words, " and it shall be his duty to distribute the same among the several counties of the State for use therein," and by striking out the remaining sections of the bill. Mr. Graham called for a division of the question, and upon the part to add the foregoing words to section second, asked for the yeas and nays, and one-fifth agreeing : Those who voted in the affirmative are, - Messrs. Carroway, Dickerson, Graham, Jarratt, Jones, Mnr¬ rill, Patton, Sanders, Sharpe, Smith of Anson and Young—11. Those who voted in the negative are, Messrs. Adams of Guilford, Arendell, Bagley, Blount, Dickson, Eure, Faison, Lassiter, Patrick, Slaughter, Smith of Macon, Taylor of Nash, Warren, Wiggins and Wright—15. So the Senate refused so to amend, and also to strike out the remaining sections of the bill. The question being on the passage of the bill its second reading, Mr. Warren asked Jfor the yeas and nays, and one- fifth agreeing: Those who voted in the affirmative are, Messrs. Adams of Guilford, Arendell, Bagley, Blount, Dickson, Eure, Faison, Graham, Jones, Lassiter, Patton, Patrick, Sanders, Slaughter, Smith of Anson, Smith of Ma¬ con, Taylor of Nash, Warren, Wiggins and Wright—20. Those who voted in the negative are, Messrs. Carroway, Dickerson, Jarratt, Murrill, Sharpe and Young—6. So the bill passed, and was read a third .time, when Mr. Murrill moved to amend by adding to section 2d a provisOj 1862-'63.] "SENATE JOURNAL. 113 •to wit: Provided, he be not engaged more than twenty day# an said work, which was not agreed to. The bill passed as amended. And, on motion of Mf. •Sharpe, the Senate adjourned until to-morrow morning 10 •o'clock. WEDNESDAY, February 11, 1863. The following en grossed bills and resolutions were taken up and passed their several readings and are ordered to be en- Tolled, entitled, to wit: A bill to incorporate the Randolph Manufacturing Com¬ pany ; A bill to incorporate the town of Marshall, in Madison county, under the law for the better regulation of towns; And a bill to change the time of holding the courts of pro¬ bate and public sales' days in the county of Rutherford. The Speaker announced Mr. Eure upon the committee on •enrolled bills. Mr. Young.introduced a resolution, that a message be sent to the House of Commons, proposing to rescind the joint res¬ olution to adjourn sine die on to-morrow afternoon, at 4 o'clock, and that the two Houses do adjourn at 3 o'clock, P. M. to-day, which was adopted. A message was received from the House, that they do not agree to the foregoing proposition. The bills entitled "A bill to authorize H. Hunter, late Sheriff of Madison County, to collect arrears of taxes due him for the years 1858-'59;" and " A bill to incorporate the Rhymer Gold & Copper Mining Company, in the county of Rowan," were read a second and third times and passed, and ordered to be enrolled. A message was received from the House, that they have passed the bill entitled " A bill for the relief persons who have overpaid, or may hereafter overpay, taxes," with an amendment, striking out the third section thereof. 8 114 SENATE JOURNAL. [Session The Senate agreed to the amendment, and the bill is ordered to be enrolled. Mr. Jarratt introduced a bill entitled " A bill to amend an act concerning the county site of Mitchell; which was read first time, when the rules having been suspended, it was read a second time. Mr. Patton moved to lay on the table, and it was not agreed to. On the question of the passage of the bill, Mr. Neal ashed for the yeas and nays, and one-fifth agreeing: Those who voted in the affirmative are, Messrs Adams of Guilford, Arendell, Bagley, Blount, Drake, Eure, Faison, Jarratt, Lassiter, Murrill, Outlaw, Patrick, Sharpe, Slaughter, Taylor of Nash, Warren, Wig¬ gins and Wright—18. Those who voted in the negative are, Messrs. Carroway, Dickerson, Graham, Neal, Patton, San¬ ders, Smith of Anson, and Smith of Macon—8. So the hill passed and was read a third time, and on the question of its passage, the yeas and nays were asked, and one-fifth agreeing: Those who voted in the affirmative are, Messrs. Adams of Guilford, Arendell, Bagley, Drake, Enre, Faison, Jarratt, Jones, Lassiter, Murrill, Outlaw, Patrick, Sharpe, Slaughter, Taylor of Nash, Warren and Wright—17. Those voted in the negative are, Messrs. Blount, Carroway, Dickerson, Graham, Neal, Pat¬ ton, Sanders, Smith of Anson, Smith of Macon, and Wig¬ gins—10. So the bill passed and was sent to the House of Commons. A message was received from the House, that they recom¬ mend as Justices of the Peace for.their several counties, Jackson Beck, John A. Milsaps and Samuel W. Curley, of Jackson ; John Ellis, of Mitchell; It. W. Harris, of Ran¬ dolph; John M. Jennings,|of Pasquotank; Wilson Talbot, of Wilkes; J. F. Leath, Anthony Williamson, Jos. Bolen and George T. Go>odron, of Caswel!; J. T. Pike, Franklin Phillips 1862-'63.] SENATE JOURNAL. 115 and C. B. Sanders, of Johnston ; Jas. H. Vincent, of North¬ ampton ; John S. W. Pearce, W. Kilpatrick, L. J. Mewborn and John Joyner, of Lenoir; B. B. Fulford, H. S. Gibbs, William Sadler, Thos. S. Burriss and W. S. Carter, of Hyde ; C. C. Ilarbin and Lewis Peck, of Madison; and G. Cnlbreth and Alfred J. Daniel, of Sampson, to which the Senate agreed. Another from the House wa9 received, that they transmit a resolution entitled, resolution concerning the seizure of iron, belonging to the A. and N. C. Railroad, and an accompany¬ ing report. The resolution was adopted. Mr. Bagley introduced this resolution, to wit: Resolved, That during the remainder of the session no member shall speak more than twice upon any question, nor more than five minutes at a time. Mr. Murrill moved to lay said resolution on the table. Not agreed to. On motion of Mr. Wright, the bill entitled a bill to provide for the establishment of iron works to manufacture railroad and all other iron, was taken up and read a second time. Mr. Smith, of Macon, moved to amend by striking out sec¬ tion 9th, and inserting in lieu thereof as follows, to wit: Be it further enacted, That the Sapona Iron Company, and those whom they may associate with them, shall upon compliance with the provisions of the foregoing act, be also entitled to all the rights, privileges and benefits granted therein, separate from the corporation aforesaid. A message from the House was received, that they agree to the Senate's amendments made to a bill to ensure the protection of the people of North-Carolina against small pox, and said bill is ordered to be enrolled. The amendment proposed by Mr. Smith, of Macon, was agreed to, Mr. Sanders moved to postpone indefinitely the bill under consideration as amended, and asked on this question the vea9 and nays, and one-fifth agreeing: Those who voted in the affirmative are, 116 SENATE JOURNAL. [Session Messrs. Adams of Guilford, Bagley, Blount, Dickersotfy Drake, Graham, Jarratt, Jones, Lassiter, Neal, Outlaw, Fat- ton, Sanders, Sharpe, Slaughter, Warren and Wiggins—17. These who voted in the negative are, Messrs. Carroway, Eure, Faison, Murrill, Patrick, Smith of Anson, Smith of Macon, Taylor of Nasli, Wright and Young—10. So the motion prevailed. A message was sent to the House., that the Senate recom¬ mend John L. Brown, of Mecklenburg, and Wm. P. Pelle- tier, of Onslow, to be commissioned as Justices of tbs Peace for their several counties ; and a message was received there¬ upon that the House agrees to the same. The following entitled bills and resolutions were transmit¬ ted from the House to the Senate, to wit: Resolution in reference to the Engrossing Clerks, which was read three several times and passed. Resolution in relation to the Medical Examining Boards, read and adopted. A bill to incorporate the Orphan Educational Board, read first time. Resolution in favor of Rufus Galloway, read three several times and passed. A bill to incorporate the Springfield Literary Society, read three several times and passed. 1 Bills entitled, " A bill in reference to taxes and liabilities ■of sheriffs" ; A bill to amend second section of 64th -chapter of Revised Code, and a bill concerning Common Schools, were read eocond and third times and passed. The following entitled bills : A bill concerning Notaries Public ; A bill to prevent slaves from making or trading in spiritu¬ ous liquors; and 'A bill in relation to the sale of spirituous liquors in the cdunty,of Bladen, transmitted from the House, were read first itime. 1862-'63.] SENATE JOURNAL. lit The bill entitled, " A bill to amend an act passed at the present session of the General Assembly, entitled Revenue," was read first and second times, and amended, on motion of Mr. Patton, by inserting in section 2, line 13, after the word, " chairman," the words, u to be held prior to first day of June," and passed; said bill was read a third time, and amend ed, on motion of Mr. "Wiggins, as follows, to wit: add Sec. 3. Be it further enacted, That this act shall be print- 1 ed, together with the Revenue Bill. The bill passed. The following bills and resolutions duly enrolled and sign¬ ed by the Speaker of the House of Commons, were transmit¬ ted to the Senate, and signed by the Speaker thereof, enti¬ tled, to wit: An act to incorporate the Branch Monumental Associa¬ tion ; An act concerning the Statute of Limitation ; An act to amend an act, entitled Militia ;" An act to authorize certain alterations in the Treasury of¬ fice ; An act for the relief of the wives and families of soldiers in the army; An act to amend the first section of the fourth chapter of the Revised Code; An act concerning insane persons ; An act authorizing the Governor to issue commissions to hold Courts of Oyer and Terminer, and for other purposes ; An act to charter the Shelby and Broad River Railroad Company ; Resolution in favor of E. M. Wolborne ; Resolution in favor of B. T. Dnnlap ; Resolution to enclose the soldiers' burial ground ; A resolution in favor of L. L. Clements; Resolution in favor of Joseph Marshall, sheriff of Stanly County ; Resolution in favor of the sureties of Win. Green, late Sheriff of Haywood county ; A resolution in favor of J, W. Oomartie; SENATE JOURNAL. [Session A resolution in favor of John O. Wallace ; Resolution in favor of A. B. Downs; A resolution in favor of the principal and assistant clerks ; Resolution in favor of J. G. Carroway; Resolution in favor of Win. Thompson; Resolution in favor of W. W. Greer; Resolution in favor of Wm. J. Murray, sheriff of Alamance County; Resolution in favor of the Doorkeepers; Resolution in favor of John Roseman ; A resolution authorizing the treasurer to pay certain claims (herein specified,) allowed by the Board of Claims ; Resolution in relation to prisoners confined in the military prison at Salisbury; Resolution granting further time to John Martin, Sheriff of Stpkes, to collect arrearages of taxes; Resolution in relation to impressment of teams, wagons, Ac., in Johnson County; Resolution to furnish clerks of county and superior courts and clerk and master in equity in Transylvania county, with copies of the Revised Code, Ac.; Resolution in favor of James W. Feeman; A resolution in favor of the Wilmington and Weldon Rail¬ road ; 7 Resolution to employ additional Engrossing Clerks for the present session; Resolution in favor of the executrix of the late Judge J. M. Dick; A Resolution in favor of R. Y. Blackstock; Resolution in favor of same ; A resolution concerning mileage; A resolution in favor of John Spelman ; A resolution in favor of J. B. Davis ; Resolution in favor of W. W. IJapper; An act in favor of A. A. Wiseman, Sheriff of Mitchell county; An act to amend the militia law; and l862-'63.] SENATE JOURNAL. 119 An act to amend the Revised Code in relation to habeas corpus. Resolutions transmitted from the House of Commons, en¬ titled "Resolutions relating to impressment," were read and on the question of their adoption, the yeas and nays were asked for and one-fifth agreeing : Those who voted in the affirmative are, Messrs. Adams of Guilford, Bagley, Blount, Dickson, Fai- son, Jarratt, Lassiter, Neal, Patton, Patrick, Sanders, Sharpe, Slaughter, Smith of Macon, Taylor of Nash, "Warren and Wiggins—17. Those who voted in the negative are, Messrs. Arendell, Carroway, Drake, Eure, Graham, Mur- rill, Outlaw, Smith of Anson, Wright and Young—10. So the resolutions were adopted. Leave of absence was granted to the principal Door-Keeper from ard after to-morrow, on motion of Mr. Murrill;- also to Mr. Smith of Anson, on motion of Mr. Sanders. Mr. Outlaw moved to adjourn until to-morrow, 10 o'clock, A. M. Not agreed to. The Senate adjourned until 7£ o'elock, P. M., on motion of Mr. Warren. Wednesday evening—seven-and-a-half o'clock. A message was received from the House of Commons that they transmit a resolution entitled "A resolution in favor of James McKimmon and A. Creech," which was read first time, and upo.n suspension of the rules, a second and third time, and passed. The Speaker announced Mr. Faison upon the Committee on Enrolled bills. The following entitled bills and resolutions duly enrolled and signed by the Speaker of the House of Commons were transmitted to the Senate and signed by the Speaker thereof; to-wit: 120 SENATE JOURNAL. [Session An aet to incorporate Yestal's Ford Toll Bridge Company p An act to authorize the sureties of W. W. Profit to collect arrears of taxes; An act in ia^or of the sureties of John S. Willis,, late Sher¬ iff of Bladen county; An act to authorize a special term of Randolph County Court to do other county business in addition to laying' county taxes; An act to provide for the completion of the claim of North- Carolina against the Confederate government,. and for other purposes; An act to authorize and require the Quartermaster of this- State to pay commutation money to the soldiers of North- Carolina, for boots and shoes; An aet to amend the charter of the North-Carolina Powder Manufact uring Company; An aet to incorporate the North-Carolina Christian Ad¬ vocate Joint Stock Publishing Company; An act to authorize the Auditor of Public Accounts to administer oaths; An act in relation to the bounty of soldiers j An act to amend the 102d chapter of the Revised Code,, entitled salaries and fees; An act to suspend the 3d, 4th and 5th sections of the 17th. chapter of the Revised Code; An act to amend an aet passed 1S44-T45, to incorporate the Town of Pittsborough, in the County of Chatham; An act to enforce and make more effectual an act of the General Assembly, ratified December 22, 1882, regulating the payment of bounty ; An act to incorporate the Franklin Mining and Manufac¬ turing Company; An act to amend an aet entitled " an act concerning the county site of Mitchell County ;n An act to extend the time of perfecting titles to land here¬ tofore entered; 1302-63/) SENATE JOURNAL. 121 An act amending an act to incorporate the town of Ashe- ville; Resolution instructing the Adjutant General of this State to correspond with the Adjutant General or Governor of Virginia, relative to arms furnished that State ; Resolution to raise a Committee of Investigation of Rail¬ roads of the State j An act in relation to the County of Brunswick; Resolution authorizing and directing the Secretary of State to have published certain ordinances of the State Convention, together with the acts of the present General Assembly; Resolution in reference to the Engrossing Clerks; An act to provide for the holding of Courts in Hertford county; An act to incorporate the Anderson Monument Association ; An act to authorize and empower George W. Crumpler, late sheriff of Sampson county, to collect arrears of taxes; An act to incorporate the Yadkin Valley and Western Railroad Company; An act to incorporate the town of Chestnut Hill, in Rowan County; An act to incorporate the Nantahala Mining Company; An act to amend the 18th section of the 28th chapter of the Revised Code in relation to fees of committees of finance ; An act to authorize the deacons and trustees of Sharort Church to sell the Parsonage and lands attached belonging to said congregation ; An act to incorporate the Madon County Mining Company ; An act to amend an act to prohibit the distillation of spirituous liquors; An act in regard to service of process on the Southern Express Company; An act concerning Sheriffs and their sureties ; An act to insure the protection of the people of North- Carolina against small-pox; An act to incorporate the Dispatch Steamboat Company; An act to authorize and empower Isaac A. Real, late 122 SENATE JOURNAL. [Session Sheriff of McDowell County, to collect arrears of taxes due said Sheriff for the year I860-,61; An act to appoint commissioners to sell the old jail in the town of Wilkesborough; An act to extendthe charter of the Pittsboro' and Hay¬ wood Plank Road Company; An act in favor of C. Austin, Sheriff of Union County; An act entitled " Revenue An act supplemental to an act passed at the present session of the General Assembly, entitled " Revenue An act in reference to taxes and the liabilities of Sher¬ iffs ; and An act to incorporate the Tuckaseege Mining Company ; An act to incorporate the Randolph Manufacturing Com¬ pany ; An act to amend an act entitled an ei act to amend an act entitled ' Militia,'" passed at the present session of the Gen¬ eral Assembly; An act to prevent during the existing war monopolies, extortion and speculation in breadstuff's and other articles of general use and consumption and to make such acts criminal and, to provide penalties for the same; The bill entitled "A bill for the* relief of the families of deceased soldiers and to provide for a roll of honor," was read a second time and after some discussion thereon. Mr. Murrill demanded a call of the House. Upon the call of the House, those who answered to their names are, Mr. Speaker, Messrs. Adams of Guilford, Arendell, Bagley, Carroway, Eure, Faison, Graham, Jarratt, Jones, Lassiter, Murrill, Patton, Patrick, Sharpe, Slaughter, Taylor of Nash, "Warren, Wiggins and Wright—20. The call of the House was proceeded with. The absentees were called and are, Messrs. Adams of Davidson, Blount, Brown, Copeland, Dickson, Dickerson, Drake, Ellis, Hall, Harris, Holeman, Lane, Leitch, Lindsay, Matthews, Neal, Outlaw Powell, 1862—'63.] SENATE JOURNAL. 123 Ramsay, Simpson, Smith of Anson, Smith of Macon, Smith of Stanly, Taylor of Chatham, Whitford, White, Wooley and Young. Messrs. Copeland, Ellis, Hall, Harris, Outlaw, Smith of Anson and Wooley were excused. The sergeant at arms was despatched to bring in the absentees. And the body adjourned until 11 o'clock to¬ morrow morning, on motion of Mr. Graham. THURSDAY, February 12, 1863. Further proceedings under the call of the House were dis¬ pensed with, on motion of Mr. Graham. The journal of yesterday was read and approved. A message was received from the House of Commons, that they transmit the following bills and resolutions duly enroll¬ ed ancf signed by the Speaker of the House, and the same were signed by the Speaker of the Senate, to wit: An act to amend the 2d section of 64th chapter of Revised Code; An act to incorporate the Springfield Literary Society ; An act to incorporate the Rhymer Gold and Copper Min¬ ing Company in the county of Rowan. An act for the relief of persons who have over-paid, or may hereafter over-pay taxes. An act in reference to taxes and liabilities of sheriffs. An act to authorize H. Hunter, late sheriff of Madison county, to collect arrears of taxes due said sheriff for the' years 1858 and '59. An act to change the time of holding the Courts of Pro¬ bate, and public sales days in the county of Rutherford. An act concerning Common Schools ; ' An act concerning the Courts of Pleas and Quarter Ses¬ sions of Caldwell and Franklin Counties ; An act to incorporate the town of Marshall, in Madison County, under the law for the better regulation of towns; 124 SENATE JOURNAL. [Session Resolution in relation to the Medical Examining Boards; Resolution concerning the seizure of iron belonging to the Atlantic and North-Carolina Railroad ; Resolution relating to impressment; Resolution in favor of Rufus Galloway; ,A resolution in favor of James McKimmon and A. Creech. A message was received from the House of Commons that they recommend Maiden C. Harnean as a justice of the peace for Watauga County, which was agreed to. Mr. Neal, on motion of Mr. Sharpe, was excused for unne¬ cessary absence from the evening session of yesterday. The Senate took a recess, on motion of Mr, Adams of Guilford, until three o'clock, P. M, Thursday afternoon—-three o'clock. On motion of Mr. Graham, a message was sent to the House of Commons that the Senate is now ready to adjourn in conformity with the joint resolution of the two Houses. A message was received from the House that they trans¬ mit the "Report of the Joint Committee on Finance," which was read; also a message that the House of Commons will adjourn sine die at 4 o'clock, P. M. Mr. Faison introduced the following resolution, to wit: Resolved, That the thanks of the Senate are due and are hereby cordially tendered to Giles Mebane, Esq., the Speaker thereof, for the dignity, urbanity and impartiality with which he has presided over its deliberations during the present ses¬ sion. Mr. Faison being in the Chair, the resolution was put and unanimously adopted. The Speaker returned his thanks to the Senate and declared the same adjourned sine die. GILES MEBANE, Speaker Senate, C. R. Thomas, Clerk Senate, INDEX. ADJOURNED SESSION. ELECTIONS. Page. Election of Trustees of the University, 47, 56, 62 YEAS AND NAYS. Yote on passage of a bill for the relief of persons who have overpaid, or may hereafter overpay taxes ; second reading, 7 •" .amendments to a bill to raise ten thousand volunteers for the defence of the State, 12, 13, 14, 36, 87 •" ( N. N. Fleming, Rowan ( F. E. Shober, Entllerf<>r<1 U'RCmpen'ter, Stanly ' Lafayette Green, Stokes Wm. II. Flynt, ( G. II. Alford, Wake | Wm. Laws, { Dan'l G. Fowle, Warren J™™- J- Judkins, I L. Henderson, Watauga Wm. IXorton, Wayne j M. K. Crawford, B. B. Rives, Yadkin A. C. Oowles, Yancey, D. M. Young. On motion of Mr. Love John Parks, of Burke county, whose certificate of election was not in proper form, was al¬ lowed to take his seat. Mr. Cowles moved that Messrs. E. M. Welborn and W. W. Hampton, of the county of Wilkes, whose certificates of elec¬ tion had been misplaced, should also be allowed to take their seats. Which motion was agreed to. Mr. Fowle moved that Eli Spruill, of the county of Tyrell, who had received a majority of the votes of the soldiers from that county, but who had no certificate of election from the •sheriff, on account of the presence of the enemy there, be allowed to take his seat. Mr. Person moved to refer the subject to a select committee of three to be appointed by the Clerk. Not agreed to. HOUSE JOURNAL. [Session The motion of Mr. Fowle was then agreed to, and Messrs. Spruill, Wellborn, Hampton and Parks were qualified accord¬ ing to law. It appearing that there was a quorum present Mr. Burgin moved that Robert S. Gilliam, Esq., of Gran¬ ville, be appointed Speaker of the Honse. Mr. Stanford asked that the name of Hon. Jes^e G. Shep¬ herd be added to that in nomination, but at the request of Mr. Shepherd withdrew the name. The House then proceeded to vote as follows: The following members voted for Mr. Gilliam: Messrs Allison, Alford, Amis, Avera, Baldwin, Bernhardt, Barringer, Beall, Benbury, Best, Bryan, Bryson, Bumpass, Burgin, Carpenter, Cowles, Davis, Dunn, Flynt, Fowle, Gen- try, Glenn, Greene, Grissom, Hampton, Harris of Carbarrns, II a rris of Chatham, Harrison, Hawes, Henderson, Henry of Henderson, Headen, Howard, Horton, Joyner, Judkins, Kee¬ ner, Kelly, Kerner, Laws, Lyle, Mann of Pasquotank, Mc- Aden, McCormick, Kissen, Parks, Patterson, Pearce, Rey¬ nolds, Richardson, Robbins, Russell of Brunswick, Shep¬ herd, Sherwood, Shober, Smith, Spruill, Waddell, Wallen, Walser, Watson, Wellborn, Williams, Woodall, Worth, Young of Iredell,, and Young of Yancey—69. The following voted for Mr. Shepherd: Messrs. Brown, Cobb, Davenport, Fleming, Fov, Gilliam of Rockingham, Grier, Hodges, Hooper, Manning, McKay, McNeil, McRae, Person, Rhodes and Russ—16. The following voted for Mr. Fleming: Messrs. Beam, Crawford, Logan, Love, Rives, Russell of Craven, and Stanford—7. The whole number of votes cast was 92, of which Mr. Gil¬ liam having received a majority, was declared duly elected, and was conducted to the Chair by Messrs. Fleming and Shepherd. Mr. Waddell moved that Lieutenant General Leonidas J. Polk, who was present, in the lobby, be invited to a seat with¬ in the bar of this House. 1862-'63.] HOUSE JOURNAL. 7 The motion was agreed to unanimously, and Mr. Waddell was appointed to conduct General Polk to a seat. The House then proceeded to elect a Principal Clerk. Mr. McCormick moved that Henry E. Colton, of Starr's Light Artillery, be appointed Principal Clerk. The House then proceeded to vote as follows: The following members voted for Mr. Colton : Messrs. Allison, Alford, Amis, Avera, Baldwin, Bernhardt, Barringer, Beall, Beam, Best, Brown, Bryan, Bryson, Bump- ass, Burgin, Carpenter, Cowles, Craig, Crawford, Davenport, Davis, Dunn, Fleming, Flynt, Fowle, Foy, Gentry, Gilliam, of Granville, Gilliam of Rockingham, Glenn, Greene, Grier, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henry of Henderson, Headen, Hodges, Hooper, Howard, Horton, Joyner, Jndkins, Keener, Kelly, Kerner, Laws, Lemmonds, Logan, Love, Lyle, Mann of Pas¬ quotank, Manning, McAden, McCormick, McKay, McNeill, McRae, Nissen, Parks, Patterson, Pearce, Person, Reynolds, Richardson, Rives, Rhodes, Robbins, Russ, Russel of Bruns¬ wick, Russell of Craven, Shepherd, Sherwood, Shober, Smith, Spruill, Stanford, Stancill, "Waddell, WaTlen, Walser, Watson, Wellborn, Williams, Woodall, Worth, Young of Iredell, and Young of Yancey—91. Having received the whole number of votes cast, Mr. Colton was declared duly elected Principal Clerk. The House then proceeded to the election of Assistant Clerk. Mr. Williams nominated Wm. H. Joyner, of Franklin. Mr. Cowles nominated John A. Stanly, of Beaufort, The House then proceeded to vote as follows : The following members voted for Mr. Stanly,: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin¬ ger, Beall, Best, Bryson, Bumpass, Burgin, Carpenter, Cowles, Craig, Flynt, Fowle, Gentry, Glenn, Greene, Grissom, Hamp¬ ton, Harris of Chatham, Harrison, Henry of Henderson, Headen, Howard, Horton, Kelly, Kerner, Laws, Lyle, Mann of Pasquotank. McAden, McCormick, McNeill, McRae, Nis- 8 HOUSE JOURNAL. [Session sen, Parks, Patterson, Richardson, Rhodes, Rohhins, Russell of Brunswick, Sherwood, Shoher, Sprnill, Waddell, Walien, "Walser, Watson, "Wellborn, Woodall, "Worth, Young of Ire¬ dell and Young of Yancey—56. And the following voted for Mr. Joynee: Messrs. Baldwin, Beam, Benbury, Brown, Bryan, Cobb, Crawford, Davenport, Davis, Fleming, Eoy, Gilliam of Rock¬ ingham, Grier, Harris of Cabarrus, Hawes, Henderson, Hodges, Hooper, Joyner, Judkins, Logan, Love, Manning, McKay, Pearce, Person, Reynolds, Rives, Buss, Russell of Cabarrus, Shepherd, Stanford, Stancill and Williams—34. The whole number of votes cast was 90, of which Mr. Stanly having received a majority was declared duly elected. The House then proceeded to the election of Doorkeepers. Mr. Walser nominated, Wm. S. Webster, of Chatham, for Principal Doorkeeper. Mr. Worth nominated John H. Hill, of Randolph, for Assistant. These gentlemen were then duly elected, in each instance receiving the whole number of votes cast. On motion of Mr. Love, Ordered, That a message be sent to the Senate informing that body of the organization of the House by the election of Robert B. Gilliam, Speaker; Henry E. Colton, Principal Clerk; John A. Stanly, Assistant Clerk; Wm. S. Webster, Principal Doorkerper, and Jno. II. Hill, Assistant Doorkeeper: and of our readiness to co-operate with that body in the despatch of public business. On motion of Mr. Love, The House adjourned until to-morrow morning 10 o'clock. TUESDAY, November 18, 1862. Received from the Senate a message, by Mr. Edwards, their Clerk Assistant, informing this House that the Senate has been duly organized by the appointment of Giles Mebane 1862-63.] HOUSE JOURNAL. 9 Speaker; C. R. Thomas, Principal Clerk; L. C. Edwards, Assistant Clerk, ¥m. R. Page, Principal Doorkeeper, and C. C. Tally, Assistant Doorkeeper; anfl that they are ready to proceed to the despatch of public business. Received from the Senate a message, by their Clerk Assis¬ tant, Mr. Edwards, that The Senate proposes to raise a joint committee of two on the part of each House to wait upon His Excellency the Governor and inform him of the organization of fche two Houses; Which proposition was agreed to. Ordered, That Messrs. Waddell and Williams constitute the House branch of the committee. The following members appeared exhibited their creden¬ tials and were qualified in accordance with the law : Edgecombe, Robert Bynum, Martin, James R. Robason, Northampton, W. W. Peebles, Pitt, Churchill Perkins, Sampson, Win. Kirby, Union ... C. Q. Lemnionds. On motion of Mr. Waddell, Ordered, That the rules of the last House of Commons be adopted for the government of this House for the present. Mr. Fowle presented the following resolution : Resolved, That a committee of four be appointed, to take into consideration the expediency of authorizing the Govern¬ or to buy provisions and produce in the Eastern Counties, and to provide means of conveying it from thence, and that they report by bill or otherwise. This resolution was read and agreed to. Mr. Foy presented a resolution : Resolved, That the Judiciary Committee be requested to examine the complaints against extortioners and speculators, and report a bill to remedy the same. Mr. Watson presented the following resolution : Resolved, That the Secretary of State be authorized to pur- 10 HOUSE JOURNAL. [Session chase five hundred copies of the Ordinances of the Conven¬ tion for the use of the members of this House. Which was read the first time,, and under a suspension of the rules, was read the second time. - On motion of Mr. Love, it was so amended as to read after the word " purchase," " one copy for each member of the House of Commons and Senate and the officers of the two Houses." The resolution as amended then passed its several readings. On motion of Mr. Amis: Ordered, That a message be sent to the Senate transmitting the resolution and requesting their concurrence in the same. Mr. Foy presented a memorial from sundry citizens of Onslow county. Mr. Waddell from the committee appointed to wait upon His Excellency, the Governor, reported that his Message will be sent in immediately. Ordered, That Messrs. Fowle, Russell, of Brunswick, Pee¬ bles and Cowles, constitute the committee under Mr. Fowle's resolution. Received from the Senate a message, by the'r Cleik As¬ sistant, Mr. Edwards, that the Senate proposes to go into an election of Public Printer, this day at 1 o'clock, and states that W. W. Ilolden has been placed in nomination, and asks the concurrence of the House in the same ; Which proposition was agreed to. Received from His Excellency, Governor Yance, by his private Secretary, Mr. R. II. Battle, the following communi¬ cation, which having been read, was, upon motion, ordered to be transmitted to the Senate with the documents accom¬ panying, and a proposition that the message be printed, twenty copies for each member of the House and Senate and one hundred copies for the Governor. Received from the Senate a message, that the Senate agrees with the House of Commons in the resolution to purchase the ordinances of the Convention. Received from the Senate a message, that the Senate pror 1862-'63.] HOUSE JOURNAL. 11 poses to raise a joint select committee of three upon the part of the House, and two on the part of the Senate, to prepare rules for the joint government of the two Houses. "Which proposition was agreed to. Ordered, That Messrs. Shepherd, Amis and Keener consti¬ tute our part of said committee. Mr. McKay presented the following resolution Mesolved, That a committee of five be appointed on the rules and regulations of the House of Commons, and that they have two hundred and fifty copies printed for the use of the members thereof, at as early a day as practicable. Which was agreed to. Ordered, That Messrs. McKay, Shepherd, Amis, Keener, and Shober constitute that committee. Mr. Amis introduced a resolution in favor of William R. Lovell; Which was read first time and passed, and under a suspen¬ sion of the rules, was passed its second and third readings. Mr. Peebles introduced a bill, no. 2, to exempt persons over 15 years of age from military duty in- the militia. Mr. McKay from the committee on rules, reported the rules of last session with some amendments, which, being agreed to, were ordered to be printed. The Speaker announced the reception of the Treasurer's report. On motion of Mr. Shepherd, Ordered, That it be referred to the Committee on Finance. Received from the Senate a message, that the Senate has passed a resolution in favor of J.. W. Alspangh, and asks the agreement of the House to the same. The resolution was read the first time and passed, and un¬ der a suspension of the rules, was passed its second and third readings. The hour having arrived to enter into the election of a Public Printer, On motion of Mr. Shepherd, Ordered, That a message be sent to the Senate informing 12 HOUSE JOURNAL. [Session that body that the name of W. J. Palmer, is also in nomina¬ tion for Public Printer, and that the House will proceed to vote upon the return of the messenger. The House then proceeded to vote. The following members voted for Mr. Holden : Mr: Speaker, Messrs. Allison, Alforu, Amis, Avera, Bar- ringer, Benbury, Best, Bryan, Bryson, Burgin, Carpenter, Craig, t)unn, Flynt, Fowle, Gentry, Glenn, Greene, Grissom, Hampton, Harris of Chatham, Henry of Henderson, Headen, Howard, Xlorton, Kelly, Kerner, Laws, Lyle, Mann of Pas¬ quotank, McCormick, McRae, Nissen, Parks, Patterson, Pearce, Perkins, Richardson, Robbins, Russell of Brunswick, Sherwood, Shober, Smith, Spruill, Waddell, Walien, Walser, Watson, Woodall, Worth, Young of Iredell, and Young of Yancey—53. And the following for Me. Palmer: Messrs. Baldwin, Bernhardt,Beall, Beam, Brown, Bumpass, Bynum, Cobb, Cowles, Crawford, Davenport, Davis, Fleming, Fov, Gilliam of Rockingham, Grier, Harris of Carbarrns, IJawes, Henderson, Hodges, Hooper, Joyner, Judkins, Kee¬ ner, Kirby, Lemmonds, Logan, Love, Manning, McKay, Mc¬ Neill, Peebles, Person, Reynolds, Rives, Robinson, Russ, Russell of Craven, Stanford, Stancill, Wellborn and Wil¬ liams —42. On motion, The Flouse adjourned until to-morrow morning, 10 o'clock. WEDNESDAY, November 19, 18G2. JMr. Walser, from the committee to superintend the election of Public Printer, presented a report that the whole number of votes cast was 134, necessary to a choice G8, of which Mr. Ilolden received 79, Mr. Palmer 53, Mr. Pennington 1, and Mr. Spelman 1. Mr. Ilolden is therefore declared elected. The following members appeared, presented their creden¬ tials, and were qualified in accordance with the law : 1862—'63.] HOUSE JOURNAL. 13 Caswell .., Alexander Richmond Orange .. "William Long, John M. Carson, Sanders M. Ingram, John Berry. Mr. Shepherd from the Joint Committee on Rules, reported the rules of last session without amendment. The Speaker presented a letter from the Public Printer elect, which was read. IIon. Robebt B. Gilliam, /Speaker of the House of Commons: Sib : 1 beg leave leave to say that I accept the office of State Printer, to which I was elected 3msterday by the joint vote of the two Houses of the General Assembly. It is, perhaps, proper that I should add that I did not desire the office, and that I had asked none to support me, nor even to put me in nomination for it. My ordinary business as a printer and publisher requires all my time and attention, and is more agreeable and profitable to me than the office of State Printer. Indeed, on learning that I had been elected, I deter¬ mined to decline, and such was my purpose formed several months since ; but inasmuch as I have been elected, and as the public business may be delayed if I should decline, and as I am always disposed to serve my friends and the State when called upon to do so, I accept the office, and will en¬ deavor to discharge its duties, as I trust 1 have heretofore done, with fidelity and despatch. It has been suggested on the score of economy that it is desirable that the Legislature should take the necessary steps to have the public printing executed at the Asylum of the Deaf and Dumb and Blind in this city. Ho citizen of the State is more anxious than I am to save the public money and lighten the burthens of the people, and no one is less disposed than I am to realize profits, at a crisis like the present, out of the State Treasury; and without expressing an opinion as to the propriety of establishing a State Printing Office, I beg Raleigui, November 19, 1862. u HOUSE JOURNAL. [Session leave to say that if the Legislature should see proper to put the Asylum printing office in a condition to do the public work, I will at once and with pleasure retire from the office of the State Printer, and shall be gratified if the plan sug¬ gested should operate in such a way as to promote the public interests. Permit me to add, in conclusion, that I am profoundly grateful to those who voted for me for State Printer, and that I will spare neither pains nor expense to execute the work promptly and faithfully. I have the honor to be, sir, with much respect, Your obedient servant, "W. W. IIOLDEN. Mr. Love introduced a bill, N-. f>, to pre. o. .. i g the war, monopolies, extortions and speculations 111 articles of general use and consumption. Head and passed first reading and ordered to be printed. Mr. Lyle, a bill No. 0, concerning Roads. Read first time and passed, and referred to the Committee on the Judiciary. Mr. Fowle, from a Select Committee, presented a report and a bill, No. 7, for the purchase of provisions. Read first time and passed, and ordered to be printed. On motion of Mr. Shepherd, Ordered, That a message be sent to the Senate proposing to raise a joint committee to wait upon the Governor and invite him, if desired, to a private conference with the two Houses. Received from the Senate a message, announcing its con¬ currence in the proposition to wait upon the Governor, and that Messrs. Bagley and Russ are the committee on their part. Ordered, That Messrs. Shepherd and Cowles constitute our part of that committee. Mr. Peebles introduced a bill, No. 8, concerning Sheriffs. Read first time and passed, and referred to the Judiciary Committee. Mr. Shepherd, from the Joint Select Committee to wait 1862—'63.] HOUSE JOURNAL. 15 upon tlie Governor, reported that he would meet the two Houses at 1 o'clock P. M. of to-dav. Ordered, That a message be sent to the Senate inviting that body to meet the House of Commons in conference with the Governor at 1 o'clock. Mr. Shepherd introduced the following resolution : llesolved, That the Committee on Propositions and Griev¬ ances be instructed to inquire into the propriety of establish¬ ing work houses in connection with our prisons. Which was read and agreed to. Received from the Senate a message accepting the invita¬ tion of the House of Commons to meet in private, conference with the Governor at 1 o'clock. Ordered, That Messrs. Shepherd, Waddell and Person con¬ stitute a committee to make arrangements to receive the Governor and Senate. Mr. Harris, of Cabarrus, introduced a bill, No. 9, to con¬ tinue in force the Ordinance of the Convention prohibiting the distillation of spirituous liquors. Read first time and passed, ordered to be printed and referred to the Judiciary Committee. The hour set apart to hear a private communication from His Excellency, the Governor, having arrived, the House went into secret session. After which, on motion, The House adjourned until to-morrow 11 o'clock. THURSDAY, November 20, 1802. B. G. Albritton, member elect from Pitt county, appeared, presented his credentials and was qualified in accordance with the law. The Speaker appointed the following standing committees under the rules of the House: On Ific Judiciary—'Messrs. Donnell, Eowle, Person, Flem- 16 HOUSE JOURNAL. [Session ing, McAden, Waddell, Shober, McKay, Bobbins, Holmes and Benbury. On Education—Messrs. Shober, Carson, Manning, Best, Russell of Craven, Hawes, Henderson, Sherwood, Barringer, Hooper and Lyle. On Internal Improvements—Messrs. Fleming, Mann of Pasquotank, Love, Joyner, Stanford, Baldwin, Pearce, Har¬ rison,^Beall, Brown and Gentry. On Claims—Messrs. Burgin, Yann, Dunn, Foy, Russ, Laws, Reynolds, Head en, Grier, Hampton and Bryson. On Agriculture—Messrs. Russell of Brunswick, Robason, Davis, Rhodes, McNeill, Alford, Gilliam of Rockingham, Greene, Lernmonds, Wellborn and Lyle. On Propositions and Grievances—Messrs. Allison, Keener, Walser, Forbes, Cobb, Rives, McRae, Patterson, Watson, Costner and Bernhardt. On Privileges and Elections—Messrs. Amis, Henry of Bertie, Perkins, Crawford, McCormick, Judkins, Nissen, Harris of Chatham, Harris of Cabarrus, Hollingsworth and Wall en. On Private Bills—Messrs. Cowles, Avera, Bond, Daven¬ port, Flynt, Hodges, Howard, Horton, Staneill, Logan, Kirby, Parks, Carpenter and Young of Yancey. And the following as our part of the Joint Standing Com¬ mittees : On Finance—Messrs. Worth, Shepherd, Amis, Peebles, Berry, Henry of Henderson, Long and Williams. On Military Affairs—Messrs. Fowle, Person, Mann of Pasquotank, Staneill and Cowles. On CheroTeee Lands and Western Tumpilccs—Messrs. Gen¬ try, Bryson, Bryan, Craig and Love. On the Library—Messrs. McKay, Grissom and Kelly. On Public Buildings—Messrs. Beam, Bynum and Burns. On Swamp Lands—Messrs. Perkins, Spruill, Mann of Hyde, Baxter and Smith. On the Deaf and Dumb and Blind Asylum—Messrs. Mc¬ Cormick, Sherwood, Watson, Kerner and Young of Iredell. 1862-63.] HOUSE JOURNAL. IT On the Lunatic Asylum—Messrs. Carson, Glenn, Riddick, Hawes and Richardson. Mr. Wadded presented a resolution: Resolved, That so much of the Governor's Message as refers to a more efficient patrol in the different counties of the State be referred to the Committee on Military Affairs. Mr. Beall introduced a bill, No. 11, to authorize the Gover¬ nor to employ slave labor on Government defences. Read first time and passed ; ordered to be printed and referred to the Committee on Military Affairs. Mr. Glenn, a resolution requiring the officers of the Militia to act as a Patrol. Read first time and passed and referred to Committee on Military Affairs. Mr. Lyle, a bill, No. 12, to incorporate the Macon County Leather Company. Read first time and passed and referred to the Judiciary Committee. . On motion of Mr. Waddell, Ordered, That a message be sent to the Senate proposing , to go into an election of one Engrossing Clerk at 12 o'clock to-day. Mr. Cowles introduced a bill, No. 13, to abolish the office of State Geologist. Read first time, passed and referred to the Committee on Agriculture. Mr. Walser, a bill, No. 14, concerning the currency. Read first time, passed, ordered to be printed and referred to the Judiciary Committee. Received from the Senate, a message that the Senate pro¬ poses to recommit the Joint Rules to the Committee which reported them '} Which was agreod to. On motion of Mr. Shepherd, the resolution introduced by him concerning prison work-houses, was referred to the Com¬ mittee on Propositions and Grievances. On motion of Mr. Peebles, the bill introduced by him concerning Sheriffs, was referred to the Judiciary Committee. On motion of Mr. Foy, the resolution introduced by him 2 18 HOUSE JOURNAL. [Session concerning extortioners, was referred to the Judiciary Com¬ mittee. Received from the Senate, a message stating that the Sen¬ ate agrees to the proposition of the House of Commons to go into an election of one Engrossing Clerk, and informing the 'House that Messrs. "Walter Huske and Lewis W. Joyner are in nomination. Received from the Senate, a message that Messrs. Sharpe? Hall and Young constitute its branch of the Committee to superintend thn printing of the rules, &c. Ordered, That Messrs. Sherwood, Watson and Love con¬ stitute our part of said committee. Received from the Senate, a message stating that the Sen¬ ate has appointed Thos. C. Miller a magistrate for the county ^of New Hanover and asked'the agreement of the House to the same ; "Which was agreed to. On motion of Mr. Foy, the memorial of certain citizens of Onslow County was referred to the Judiciary Committee. 'Mr. Avera introduced a bill, No. 15, in relation to the Justices of Johnston county. Read first time, passed and referred to Committee on Private Bills. Mr. Iverner, a resolution, No. 16, in favor of John Fisher. Read hmt time, passed and referred to Committee on Private Bills. The hour set apart for the election of an Engrossing Clerk having arrived, the House proceeded to vote. The following members voted for Mr. Huske : Messrs. Allison, Albritton, Alford, Amis, Avcra, Bern¬ hardt, Barringer, Beall, Benbury, Berry, Best, Brown, Bryan, ' Bryson, Burgin, Carpenter, Carson, Cowles, Craig, Dunn, Flynt, Fowle, Gentry, Glenn, Greene, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henry of Henderson, Headen, Howard, Horton, Ingram, Joyner, Keener, Kelly, Kerner, Kirby, Laws, Long, Lyle, Mann of Pasquotank, Manning, McCormick, McKay, McNeill. McRae, Nissen, Parks, Patterson, Perkins, Person, Richardson, Rob- 1862-'63.] HOUSE JOURNAL. 19 -"bins, Robinson, Rnss, Russell of Brunswick, Shepherd, Sher¬ wood, Shober, Smith, Spruill, Stanford, Waddell, Wallen, Walser, Watson, Wellborn, Woodall, Worth, Young of Ire¬ dell and Young of Yancey—71. The following for Mr. Joyner.: Messrs. Bynum, Cobb, Crawford, Davenport, Davis, Flem¬ ing, Foy, Gilliam of Rockingham, Grier, Henderson, Hodges, •Hooper, Jndkins, Lemmonds, Logan, Love, Pearee, Peebles, Reynolds, Rives, Rhodes, Stancill and Williams—23. • Mr. Waddell from the committee to superintend the elec¬ tion of Engrossing Clerk, reported that the whole number of votes cast was 137, necessary to a choice 69, of which Mr, Iluske had received 101, Mr. Joyner 33. Mr. Huske is there¬ fore declared elected. Mr. Love moved that the House do now adjourn; which was disagreed to. Mr. Amis introduced the following resolution : Resolved, That the Speaker of this House appoint a select committee of five to inquire into the practicability and expe¬ diency of establishing a Printing Office for the State, and that they have leave to report by bill or otherwise; Which was agreed to. On motion of Mr. Peebles, Ordered, That a message be sent to the Senate, stating that the House of Commons proposes to raise a joint select commit¬ tee of five upon its part, and three upon the part of the Senate, to whom shall be referred the consideration of the subjects treated upon in the verbal communication of the Governor. On motion of Mr. Love, The House adjourned until to-morrow at 11 o'clock. FRIDAY, November 21, 1862. Jas. H. Riddick, the member elect from the county of Perquimans, appeared, presented his credentials and was qualified in accordance with the law. 20 HOUSE JOURNAL. [Session On motion of Mr. Love, his bill concerning monopolies and speculations was referred to the Judiciary Committee. Mr. Kerner presented the following resolution: Resolved, That the Committee on Military Affairs be instructed to inquire into the propriety of appointing a com¬ mittee whose duty it shall be to visit our sick and wounded soldiers in the hospitals and camps and relieve their wants and procure furloughs or discharges for them. Mr. McKay presented the following resolution : Resolved, That the Judiciary Committee be instructed to inquire into the expediency of enacting a law to fix prices of articles of prime necessity. Mr. Manning presented the following resolution : Resolved, That the Judiciary Committee be instructed to enquire what legislation is necessary in relation to taxes on property taken or destroyed in portions of our State now in the possession of the enemy. On motion of Mr. Burgin, that portion of the Governor's Message which relates to the taxation of slaves was referred to the Committee on Finance. Mr. Bryson introduced a resolution in behalf of disabled soldiers and the widows and orphans of deceased soldiers. Read first time, passed and referred to the Committee on Military Affairs. Mr. Peebles presented the following resolution : Resolved. That such portion of the Message of the Gover¬ nor as relates to the raising of a force of 10,000 men be referred to the Committee on Military Affairs, and that they report by bill or otherwise. Mr. Shepherd introduced a bill, No. 22, in reference to the salaries of Judges of the Superior Court. Read first time, passed and referred to the Judiciary Committee. Mr. Mann, of Pasquotank, a bill, No. 21, to amend 53d chapter, 9th section of the Revised Code. Read first time passed and referred to' the Judiciary Committee. Mr. Bryson, a bill, No. 20, to authorize the Agent of Cher¬ okee Lands to refund the purchase money in certain cases- 1862-,63.] HOUSE JOURHAL. 21 Eead first time, passed and referred to the Committee on Cherokee Lands. Mr. Shepherd, a bill, Ho. 19, to authorize the President and Directors of the Literary Fund, to elect a Treasurer.— Eead first time, passed and Keferred to Committee on Edu¬ cation. Mr. Headen, a bill, Ho. 18, to authorize the Magistrates of Chatham county to levy a tax for the purpose of working roads in said county. Eead first time, passed and- referred to Committee on Private Bills. Mr. Brown, a bill, Ho. 17, to amend the charter of the "Western Plank Eoad Company. Eead first time, passed and referred to Committee on Internal Improvements. Ordered, That Messrs. Mann of Pasquotank, Harris of Ca¬ barrus, Shepherd, Bernhardt and Sherwood constitute the committee to inquire into the propriety and practicability of having the government printing done at a State institution. Mr. Lyle introduced a resolution, Ho. 24, in favor of Jo¬ seph Welch. Eead first time, passed, and referred to the Committee on Cherokee Lands. Mr. Burgin, a bill, Ho. 23, to establish the 8th Judicial Circuit, and for other purposes. Eead first time, passed, and referred to the J udiciary Committee and ordered that it be printed. On motion of Mr. Worth, The House adjourned until to-morrow, 11 o'clock. "SATURDAY, Hovembee 22, 1862. Mr. Logan presented a memorial from the King's Mt. Baptist Association. Eead and referred to the Judiciary Committee. Received from the Senate a message, stating that the Senate .agrees to the proposition to raise a joint select committee on the verbal communication of the Governor. 22 HOUSE JOURNAL. [Session Ordered, That Messrs.-Peebles, Allison,. Shober, Shepherd and Fowle constitute our part of said committee. Leave of absence was granted to Mr. Perkins for eight days, to Mr. Cobb until Wednesday next, and to Mr. Dunn for the same time. Mr. Fowle, from the Judiciary Committee^ reported favor¬ ably, with amendments, H. No. 12, a bill to incorporate the Macon Leather Company. On motion of Mr. Lyle The bill was read the second time. The committee amend¬ ments were agreed to and the bill passed. Mr. Fowle, from the same, reported adversely," the bill, No. 8, concerning Sheriffs. The bill was read the second time and laid upon the table- On motion of Mr. Love Ordered1, That a message be sent to the Senate stating that the House proposes to go into an election of Solicitor for the 7tli Judicial Circuit at 1 orclock to-day. Received from the Governor, by his Private Secretary, Mr. R. H. Battle, a message, transmitting the Report of the President, Directors and Superintendent of the Insane Asylum. Ordered, That it be sent to the Senate with a message stating that the House proposes to print said Reports. Mr. Wallen presented the following resolution ■ Resolved, That the Committee on Internal Improvements- be instructed to inquire into the propriety of authorizing the Governor to employ slaves on works of Internal Improve¬ ments in the State. Mr.. Waddell introduced a resolution, No. 26, to enable the Governor to employ and impress slave labor on State defences. Read first time, passed and referred to the Judiciary Com¬ mittee. On motion of Mr. Shober, Ordered, That a message be sent to the Senate, stating that the House proposes at 12 o'clock to-day to go into an election of Comptroller,, and that C. II. Brogden is in nomination for that office. 1862-'03.] HOUSE JOURNAL. On motion of Mr. Amis, a letter of Thos. S. Hoskins rela¬ tive to the election of Commoner from Chowan county waa referred to the Committee on Privileges and Elections. Mr. Greene introduced a resolution, No. 27,-in favor of John Blaylock. Head first time, passed and referred to the Committee on Claims. Mr. Russ, a resolution, No. 25, in favor of Benjamin Fitz- randolph. Read first time, passed and referred to the Com¬ mittee on Claims. Mr. Roy, a bill, No. 28, to raise 10,000 troops for the defence of North Carolina. Read first time, passed and referred ttf the Committee on Military Affairs, and ordered that it be printed. Mr. Foy moved to suspend the rules that the bill might be read the second and third times. Which motion was not agreed to. Mr. Henry, of Henderson, introduced a bill, No. 28, in rela¬ tion to costs in suits at Law and Equity. Read first time, passed and referred to the Judiciary Committee. On motion of Mr. Fowle, the rules were suspended and the bill No. 7, concerning the purchase of provisions was placed upon its second and third readings. Mr. Fowlo presented a substitute for the second section* which was agreed to. Mr. Shepherd offered an amendment to strike out " $200,- 000," and insert £;"»00,000, which was agreed to. Mr. W addell offered an amendment, to authorize the Gov¬ ernor to compel Railroad Companies to carry the freight, which was agreed to. On motion of Mr. Cowles, the vote hv which Mr. Fowle's amendment was agreed to was reconsidered. Received from the Senate a message, agreeing to the pro¬ position to go into an election of Comptroller at 12 o'clock to-day. Otdcrcd, That Messrs. Kelly and Grier constitute our part of the committee to superintend said election. u HOUSE JOURNAL. [Session . The hour set apart for the election having arrived, the House proceeded to vote. •Those who voted for Mr. Brogden, are: Messrs. Speaker,, Allison, Albritton, Alford, Amis, A vera, Bernhardt, Beall, Beam, Benbury, Best, Brown, Bry¬ an, Bryson, Bumpass, Burgin, Carpenter, Cobb, Cowlea, Craig, Crawford, Davenport, Dunn, Fleming, Flynt, Fowle, Foy, Gentry, Gilliam of Rockingham, Glenn, Greene, Grier, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henry of Henderson, Headen, Hodges, Hooper, Ho\tard, Horton, Ingram, Judkins, Keener, Kelly, Kerner, Kirby, Laws, Lemmonds, Logan, Long, Love, Lyle, Mann of Pasquotank, Manning, McCormick, McKay, Mc¬ Neill, McRae, Nissen, Parks, Peebles, Perkins, Reynolds, Richardson, Riddick, Rives, Rhodes, Bobbins, Robinson, Russ, Russell of Brunswick, Shepherd, Sherwood, Shober, Spruill, Stancill, Waddell, Wallen, Walser, Woodall, Worth, Young of Iredell, and Young of Yancey—88. The consideration of the bill concerning the purchase of provisions was resumed. On motion of Mr. Worth the bill and amendments were recommitted to the Select Comriiittee. Mr. Foy introduced a bill, No. 30, concerning Patrol. Read first time, passed and referred to the Committee on Military Affairs. Mr. Walser, a bill, No.- 29, for the relief of the sick and wounded soldiers in the army. Read first time, passed and referred to the Committee on Propositions and Grievances. Mr. Kelly, from the Committee to superintend the election of Comptroller, reported that the whole number of votes cast js 129$ of which C. II. Brogden received 129, and is therefore declared elected. On motion of Mr. Shepherd the rules were suspended and the bill, No. 12, to incorporate the Macon County Leather Company was taken up and passed its third reading. Leave of absence was granted Mr. Avera until Tuesday next. 1862-'63.j HOUSE JOURNAL. 25 Received from the Senate a message agreeing to the pro¬ position to go into an election for Solicitor of the 7th Circuit. Ordered, That Messrs. Lyle and Nissen be the committee to superintend the election. The hour of one o'clock having arrived the House pro¬ ceeded to vote. Those who voted for Mr. Mekrimon, are : Messrs. Speaker, Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Beam, Best, Bond, Brown, Brva'n, Bryson, Bumpass, Burgin, Carpenter, Cobb, Cowles, Craig, Crawford, Davenport, Dunn, Fleming, Flynt, Fowle, Foy, Gentry, Gilliam, Glenn, Greene, Grier, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henry of Henderson, Headen, Hooper, Howard, Hor- ton, Ingram, Judkins, Keener, Kelly, Kerner, Kirby, Laws, Lemmonds, Logan, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McCormick, McKay, McNeill, McKae, Nissen, Parks, Peebles, Perkins, Reynolds, Richard¬ son, Riddick, Rives, Robbins, Robinson, Russ, Russell of Brunswick, Shepherd, Sherwood, Shober, Smith, Spruill, Stancill, Waddell, Wallen, Walser, Wellborn, Woodall, Worth, Young of Iredell, and Young of Yancey-^89. On motion of Mr. Cowles, Ordered, That a message be sent to the Senate proposing to go immediately into an election of Solicitor for the 1st Judicial Circuit, and stating that Mr. Jesse J. Yeates.is in nomination for that office. Mr. Lyle, from the committee to superintend the election of Solicitor'for the 7th Circuit, reported that the whole num¬ ber of votes cast Was 127, of which Mr. Merriman received 127, and is therefore declared elected. Received from the Senate a message stating the agreement of that body to the proposition to go immediately into an election of Solicitor for the 1st Circuit. Ordered, That Messrs. Riddick and Sprnill be the commit¬ tee on the part of the House to superintend the election. The House then proceeded to vote: 2 G HOUSE JOURNAL. [Session The following members voted for Mr. Yeates: Messrs. Speaker, Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Beam, Benbury Best, Brown, Bryan, Bryson, Burgin, Carpenter, Cowles, Craig, Crawford, Davenport, Dunn, Fleming, Flynt, Fowle, Foy, Gentry, Gil¬ liam of Rockingham, Glenn, Greene, Grier, Grissom, Hamp¬ ton, Harris of Cabarrus, Harris of Chatham, Harrison, Ilawes, Henry of Henderson, Hodges, Hooper, Howard, Ilorton, Ingram, Judkins, Keener, Kelly, Kerner, Kirby, I aws, Lero- moncls, Logan, Long, Love, Lyle, Mann of Pasquotank, Man¬ ning, McCormick, McKay, McNeill, McRae, Nissen, Parks, Peebles, Perkins, Reynolds, Richardson, Riddick, Rives, Rhodes, Bobbins, Robinson, Russ, Russell of Brunswick, Shepherd, Sherwood, Smith, Spruill, Stancill, Waddell, Wal- len, Walser, "Wellborn, Worth, Young of Iredell, and Young of Yancey—85. Ordered, That Messrs. Waddell, Logan, Grier, Bryan, and Judkins, constitute our part of the Committee on Enrolled Bills. Mr. Riddick from the committee to superintend the elec¬ tion of Solicitor, reported that the who!) number of votes cast was 125, of which Mr. Yeates had received 125, and is therefore elected. Received from the Senate, a message transmitting an en¬ grossed resolution entitled "A resolution prohibiting the transportation of articles of prime necessity beyond the limits the State." This resolution was read first time and passed. On motion of Mr. Shepherd, the rules were suspended and the resolution was read the second time. Mr. Amis presented an amendment, which was agreed to. The resolution was further amended by motions of Messrs. Peebles and Cowles. The resolution then passed its second and third readings. Ordered, That a message be sent to the Senate transmitting the resolution and amendments, and asking agreement of that body to the same. lS62-'63.] HOUSE JOURNAL. 27 Received from the Senate, a message agreeing to the amendments proposed by the House to said resolution. On motion of Mr. Mann, Ordered, That the resolution be printed and four copies of it sent to each Sheriff in the State. The resolution entitiled, "A resolution to prohibit the trans¬ portation of articles of prime necessity beyond the limits of the State," was then ratified. The House adjourned until Monday 11 o'clock. MONDAY, November 24, 1862. Mr. Hooper presented a memorial from citizens of Catawba county, against the distillation of liquor. Read and referred to Committee on Propositions and Grievances. The following members appeared, presented their creden¬ tials and were qualified in accordance with the law: Hertford J. B. Yann, Anson R. II. Burns. Mr. McCortnick introduced the following resolution : Whereas, The State of North-Carolina has assumed the entire control of the Cape Pear and Deep River Slack "Water Navigation, and said work not being in a condition to be of any benefit to the State or the citizens in the vicinity, but on the contrary a nuisance; llesolved, That the Committee on Internal Improvements be instructed to inquire into the expediency and practicability of appropriating an amount of money sufficient for the per¬ manent completion of said work from Worthington's Ferry in Harnett county, to the town of Fayetteville, or abandon said work and give the citizens in the vicinity the privilege to remove the obstructions in said river between the above named points, and report by bill or otherwise. Mr. McAden introduced resolutions, No. 32, of thanks to the officers and soldiers of North-Carolina in the army. Read first time and passed. 28 HOUSE JOURNAL. [Session On motion of Mr. McAden, the rules were suspended and the resolutions passed their second and third readings. On motion of Mr. Cowles, the select committee to whom was referred the bill concerning the purchase of provisions, was allowed to sit during the session of the House. On motion of Mr. Shepherd, Ordered, That a message be sent to the Senate, stating that the House proposes to raise a joint select committee of five in this House, and three in the Senate, to whom shall be refer¬ red so much of the Governor's message as relates to a modi¬ fication of the act of the last General Assembly entitled "An act to change the rules of pleading." Received from His Excellency, Governor Yance, by his Private Secretary, Mr. R. H. Battle, a message transmitting the reports of certain Railroad Companies. Ordered, That the message and documents be sent to the Senate with a message stating that the House propose to print the same. Mr. Walser introduced a bill, No. 33, for the relief of the wives and families of soldiers. Read first time, passed, and referred to the Judiciary Committee. Mr. Manning, a bill, No. 34, in reference to taxes and the liability of Sheriffs. Read first time, passed, and referred to the Judiciary Committee. Received from the Senate a message stating that the Sen¬ ate agrees to the proposition to raise a joint select committee on the " Act to change the rules of pleading." Ordered, That Messrs. Shepherd, McAden, Keener, Har¬ ris, of Cabarrus, and Howard, constitute our part of said com¬ mittee. Mr. Shepherd introduced a bill, No. 35, in reference to work houses. Read first time, passed and referred to the Committee on Propositions and Grievances. Mr. Lemmonds, a bill No. 36, to call free persons of color into the service of the State for labor. Read first time, passed and referred to the Committee on Military Affairs. Mr. Keener, a resolution, No. 37, in favor of Wm. H. Bry- 1862-,63.] nOUSE JOUENAL. 2a son. Eead first time, passed and referred to the Committee on Cherokee Lands. Eeceived from the Senate a message transmitting an engrossed resolution in favor of Philip Gf. Smith. Eead first time and passed. On motion of Mr. Eichardson, the rules were suspended and the resolution passed its second and third readings. Mr. Gentry introduced a bill, No. 38, to abolish the office of Superintendent of Common Schools. Eead first time, passed and referred to the Committee on Education. Eeceived from the Senate a message stating that the Sen¬ ate proposes to go into an election for Superintendent of Common Schools at \ past 12 o'clock to-day and that C. H. Wiley has been nominated for that office. To which proposition the House agreed. Mr. Eowle from the Select Committee on the bill concern¬ ing the purchase of Provisions, reported the bill with a sub¬ stitute. The bill was placed on its second reading, and the question being on the agreement of the House to the substitute of the committee. Mr. Beall presented an amendment to the substitute : " That the provisions also be delivered to the Agent of any county which may have appropriated money for the poor." Which was agreed to. Mr. McKay presented an amendment making the sum appropriated $1,000,000 instead of $500,000. Which wa$ not agreed to. The bill then passed its second reading, and the rules being suspended, was read the third time. Mr. Peebles presented an amendment, that the provisions should not be purchased from any one who had speculated, and that an affidavit should be filed to that effect. Which was not agreed to. Ordered, That Messrs. Walser and Yann constitute a com¬ mittee to superintend the election of Superintendent of Com¬ mon Schools. so HOUSE JOURNAL. [Session The hour of half past twelve having arrived the House pro¬ ceeded to vote. The following members voted for M. Wiimy : Messrs. Speaker, Allison, Albritton, Amis, Bernhardt, Barringer, Beall, Beam, Berry, Best, Brown, Bryan, Bryson, Bumpass, Burgin, Burns, Carpenter, Craig, Davenport, Davis, Fleming, Flynt, Fowle, Foy, Gilliam of Rockingham, Glenn, Greene, Grier, Grissom, Hampton, Harris of Cabarrus, Har¬ ris of Chatham, Ilarrisoh, Hawes, Henry of Henderson, Headen, Hooper, Howard, Horton, Ingram, Judkins, Keener, Keliv, Kerner, Kirby, Laws, Lemmonds, Logan, Long, Love, Lyle, Mann of Pasquotank, Manning, McAden, McCormick, McKay, McNeill, McRae, Nissen, Parks, Peebles, Person, Reynolds, Richardson, Riddick, Rhodes, Robbins, Robinson, Russ, Russell of Brunswick, Russell of Craven, Shepherd, Sherwood, Shober, Smith, Stanford, Stancill, "Vann, "Waddell, Wallen, Walser, Watson, Wellborn, Woodall, Worth and Young of Iredell—86. Mr. Cowles voted for J. B. Johnson. The consideration of the bill concerning the purchase of provisions was resumed. Mr. Cowles presenteokee Lands. Mr. Crawford introduced a resolution instructing the Joint Committee on Salt supply, to enquire into the expediency of authorizing the Governor to remove all the salt, both public and private, from the coast. Mr. Watson presented the following resolution : Whereas, By an ordinance of the Convention, No. 35, passed by the Convention of the State of North-Carolina, directing the issue of three millions of Treasury nores, enti¬ tled an ordinance to provide for the assumption and payment of the Confederate tax, and for funding the same at the will of" the holder, in Coupon Bonds of the State, bearing eight per cent, interest, per annum, interest payable semi-annual ly, said bonds payable 20 years after date, or sooner, at the pleasure of the State, or in six per cent, bonds of the State, payable thirty years after the 1st of January, 1862. Interest payable semi-annually, exchangeable in Treasury notes at the option of the holder, from time to time, until the Treasury notes fall due. And, whereas, in the report of the Treasurer, it seems that four millions four hundred and six*y-one thous¬ and dollars (4,461,000) of said eight per cent, bonds has been sold, and no statement being made in said report, by whom 1862-'63j SOtJSE JOUHKAL. 61 said bonds were purchased, or at what premium, whether at, above, or below par; Therefore, Resolved, That the ^Public Treasurer be, and is hereby required to report to the General Assembly, now in session, by whom the said eight per cent, bonds were purchased ; and whether they were purchased at, above^ or below par. Resolved further, That the Treasurer be required also to report the amount of six per cent, bonds disposed of in the last fiscal year, at what premium said bonds were sold, and to whom sold. Which was passed. Mr. Alford presented the following preamble and reso¬ lution : Whereas, His Excellency the Governor, in his message to this General Assembly, informed this body that out of con¬ sideration for the susceptibilities of our people, he had under¬ taken, through the agency of the Mihtia officers of the State the enforcement of the act of the Confederate Congress known as the conscription act, and whereas, it has been brought to the attention of members of this House, that a force of Confederate soldiers under orders and directions of officers of the Confederate army, are daily patrolling the streets of the city of Raleigh, and arresting all persons sus¬ pected of being within the conscription age; it is therefore, Resolved, That his Excellency, the Governor, be requested to inform this House if he has made any new agreement with the authorities of the Confederate States, in relation to the enforcing of the conscript law, and if so, what are the terms of such agreement, and if he has made no such recent agree¬ ment with such authorities, that he inform this House if the city pf Raleigh or any other parts of the State were excepted in the understanding entered into between himself and the Confederate authorities, relative to the enforcing of such law. Which was passed. Ordered, That Messrs, Bond and Robinson constitute our part of the committee to superintend the electioii pf Coun¬ sellors of State, HOUSE JOURNAL. [Session The hour for said election having arrived, the House pro¬ ceeded to vote.. For Messrs. Stubbs, Satterthwaite, Eldridge, Dick, Har¬ grave, Davidson and Patton : Messrs. Allison, Berry, Bond, Bryan, Bnrgin, Donnell, Dunn, Flynt, Gentry, Glenn, Hawes, Henry of Bertie, Hol- lingsworth,-Keener, Kerner, Nissen, Parks, Sherwood, Sho- ber, "Watson and Toung of Iredell—22. For Messrs. Stubbs, Satterthwaite, Eldridge, Dick, Har- grave, Calloway and Patton : Messrs. Alford, Amis, Bernhardt, Barringer, Beall, Ben- bury, Best, Bryson, Burns, Carpenter, Craig, Fowle, Gilliam of Rockingham, Greene, Hampton, Harris of Chatham, Harri¬ son, Henry of Henderson, Hodges, Hooper, Howard, Horton, Ingram, Kelly, Laws, Long, Lyle, Mann of Pasquotank, Mc- Cormick, McNeill, McRae, Patterson, Richardson, Riddick, Robbins, Smith, Spruill, Yann, Wallen, Walser, Wellborn, Worth, Woodall and Young of Yancey—II. For Messrs. Satterthwaite, Stubb3, ElPridge, Calloway, IIargrave, Davidson and Patton: .Messrs. Bunapass, Crawford, Davis, Foy, Henderson, Man¬ ning: and Robinson—7. » o For Messrs. Stubbs, Satterthwaite, Eldridge, Pick, Har- grave, Calloway and Davidson : Mr. Harris of Carharru$: Mr. Avera voted for Messrs. Stubbs, Satterthwaite, L. B. Beckwith, Dick, IIargrave, Calloway and Patton. Mr. Dunn for Messrs. Stubbs, Satterthwaite, Desmon, El¬ dridge, Dick, IIargrave and Patton. Mr. Grissom for Messrs, Satterthwaite, Dick, W. W. Bol- den, E. G. Reade, Wm. Eaton, Jr., F. Shober and Patton. Mr. Headen for Messrs. Stubbs, Satterthwaite, Eldridge, Dick, M. P. Taylor, Hargrave and Calloway. Mr. Person for Messrs. Stubbs, Satterthwaite, Eldridge, Hargrave, R. Gorrell, Calloway and Patton. Mr. Judkins for Messrs. Stubbs, Satterthwaite, Wm. Eaton, Jr., Dick, Calloway and Patton. . 1862—'63-3 HOUSE JOURNAL. 63 Mr. McKay for Messrs. Stubbs, Satterthwaite, Eldridge, Hargrave, Calloway and Patton. Mr.Pearce'for Messrs. Stubbs, Satterthwaite, Wm. Eaton, Jr., Dick, Hargrave, Davidson and Patton. Mr. Rhodes for Messrs. Stubbs, Satterthwaite, Eldridge, Amis, Hargrave, Davidson and Patton. Mr. Russell of Craven for Messrs. Stubbs, Satterthwaite, Person, Desmon, Hargrave, Calloway and Patton. 'Mr. Waddell for Messrs. Stubbs, Satterthwaite, Eldridge, Norwood, Hargrave, Patton and Davidson. Mr. McKay moved that the House go into secret session to hear the report of the committee, which had visited Rich¬ mond, Which motion was agreed to. Mr. Shober moved that a committee of two wait upon the Governor, and invite him to be present to hear the report. This was agreed to, and Messrs. Shober and Manning were appointed the committee. The House then went into secret session, and after its close, adjourned to meet to-morrow at 11 o'clock. WEDNESDAY, December 3, 1862. Hon. R. JB. Gilliam then announced to the House his resig¬ nation of the Speakership. Mr. Amis moved that the House proceed to the election of a Speaker, and nominated Hon. R. S. Donnell. Mr. Walser nominated Mr. Mann, of Pasquotank. Mr. Peebles nominated Hon. J. G. Shepherd. Mr. Shepherd requested that his name-be withdrawn. Messrs. Love and Walser were appointed to superintend the election, and the House proceeded to vote. The following members voted for Mr. Donnell : Messrs. Speaker, Allison, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bryson, Burgiq, 64 HOUSE JOURNAL. [Session Burns, Carpenter, Craig, Davis, Flynt,Fowle, Gentry, Glenn, Greene, Hamptoh, Harris of Chatham, Harrison, Hawes, Henry of Bertie, Henry of Henderson, Hollingsworth, How¬ ard, Horton, Ingrain, Joyner, Judkins, Keener, Kelly, Kern- er, Laws, Logan, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McNeill, McRae, Nissen, Parks, Pat¬ terson, Pearce, Richardson, Riddick, Robbins, Shepherd, Sherwood, Shober, Smith, Sprnill, Wallen, Walser, Wellborn, Woodall, Worth, Young of Iredell, and Young of Yancey—66. - The following voted for Mr. Shepherd : Messrs. Beam, Brown, Bumpass, Cobb, Costner, Crawford, Davenport, Gilliam, Grier, Harris of Cabarrus, Henderson, Headen, Hodges, Hooper, Kirby, Lemmonds, Manning, Mc¬ Kay, Person, Reynolds, Rhodes, Rnss, Russell of Brunswick, Stancdl, Yann and Williams—26. Mr. Foy voted for Mr. Yann. The whole number of votes cast was 93, of which Mr. Donnell having received a majority was declared duly elected, and was conducted to the Chair by Messrs. Shepherd and Amis. Mr. Keener from the Committee on Propositions and Griev¬ ances, reported, favorably, H. bill No. 82, to alter the line between Transylvania and Jackson counties. Mr. Keener from the Committee on Propositions and Griev¬ ances, reported H. bill No. 59, in favor of Wyatt, a free man of color, and asked to be discharged from its further consid¬ eration. Mr. Costner from the same committee, reported H. bill No. 29, for the relief of sick and wounded soldiers with a sub¬ stitute. Mr. Allison from the same committee, reported Nos. 6 and 86, concerning roads, and recommended No. 86, with .amend¬ ments, as a substitute for No. 6. Mr. Bond submitted a report from the committee to super¬ intend the election of Councillors of State, viz: The committee appointed to superintend the election of Councillors of State, have performed their duty and report 1862-'63.] HOUSE JOURNAL. 65 that the whole number of votes cast was 135, necessary to a choice 63, of which Mr. J. R- Stubbs received, 122,'F. B. Satterthwaite 120, L. Eldridge 117, B. P. Dick 116, J. B. Hargrave 119, James Calloway 91, JameB A.'Patton 191, G. F. Davidson 38, Mr. Norwood 1, Mr. Desmond 1, S. J. Per¬ son 1, Mr. Beckwith 1, E. G. Beade 1, Mr. Eaton 3, W", W. Holden-1, Mr. Shober 1, Ralph Gorreli 3, W. P.Taylor 1, L. Williams 1, J. S. Amis 1, Jas. Rumley 1, N. Freeman 1, M. L„ Wiggins 1, Daniel Dixon 1, R. H. Cowan 2, W. P. Houston S} Eugene Grissom 1, J. G. Yancey 1, J. A. Young 1, F. F. Miller 2, Archibald Monk 1', Nicholas Nixon 1. Mr. Brown introduced a resolution instructing the Judici¬ ary Committee to inquire into the expediency of giving the county of Mecklenburg two terms of the Superior Court. Mr. Worth introduced a resolution referring that portion of the Governor's Message relating to the Board of Claims, or the appointment of an Auditor to the Committee on Finance. Mr. Horton introduced a resolution. of thanks to the late Speaker. » Passed unanimously. The Speaker presented the report of the Bank of Fayette- ville, which was sent to the Senate. On motion of Mr. Gentry, Ordered, That a message be sent to the Senate to go into an election of Solicitor for the 6th Circuit. Mr. Gentry nominated R. F. Armfield. Mr. Hampton nominated, W\ P. Caldwell. Mr. Brown nominated Jas. E. Rerr. Mr. Waddell introduceda bill,-' No. 98, to provide additional pay for soldiers. Read first time and passed. Mr. Waddell introduced a resolution, No. 99, in favor of salt. Read first time passed and referred to Salt Committee, Mr. Headeii introduced a .bill, No. 100, to exempt soldiers in the army, for the war, from poll tax. Read first time, passed and referred to Judiciary Committee. Mr. Gilliam of Granville tendered his resignation of a seat in the House of Commons, to take effect from Dec. Gth. 5 60 HOUSE JOURNAL. [Session Mr. "Watson moved that a writ of election be issued to fill the vacancy occasioned by the resignation of Mr. Gilliam. Received from the Senate a message concurring in the proposition to elect a Solicitor for the 6th Judicial Circuit and also proposing to go into the election of Treasurer of Slate at half-past 12 to-day. Agreed to. The special order was taken up, it being a bill for the relief of the wives and families of soldiers. Mr. Cobb moved to amend so that the money or provisions should be distributed among the indigent families of soldiers in each county according to their number. Agreed to, yeas 57, nays 25. A call for the yeas and nays being seconded, by one-fifth of the members present. Those who voted in the affirmative are: Messrs. Allison, Alford, Amis, Avera, Barringer, Beam, Benbnry, Brown, Bryan, Bumpass, Burns, Bynum, Carson, Cobb, Cowles, Craig, Crawford, Davenport, Da*ds, Fleming Foy, Gilliam, Grier, Hampton, Harris of Cabarrus, Harrison, Hawes, Henderson, Henry of Henderson, Headen, Hodges, Joyner, Judkins, Kelly, Kirby, Laws, Lemmonds, Logan, Lyle, Mann of Pasquotank, McAden, McCormick, McKay, McNeill, McRae, Person, Reynolds, Richardson, Robbins, Robinson, Russ, Russell of Craven, Shepherd, Shober, Stan- cill, Wallen, Watson, Williams and Woodall—57. Those who voted in the negative are: Messrs. Bernhardt, Beall, Berry, Carpenter, Flynt, Gentry, Glenn, Grissom, Harris of Chatham, Hollingsworth, Howard, Keener, Kerher, Love, Nissen, Parks, Patterson, Pearce, Sherwood, Smith, Waddel], Walser, Young of Iredell, and Young of Yancey—+25. Ordered, That Messrs. Allison and Russell of Craven con¬ stitute our part of the committee to superinted the election of Treasurer. The House proceeded to vote in said election: Those who voted for Mr. Worth, are: , Messrs. Speaker, Allison, Alford, Airiis, Avera, Bernhardt, 1862—'63.] HOUSE JOURNAL. 67 Barringer, Beall, Berry, Bond, Bryan, Bryson, Burgin, Car¬ penter, Cowles, Craig, Dunn, Flynt, Fowle, Gilliam of'G,, Glenn, Grissom, Hampton, Henry of Bertie, Ilollingsworth, Ingram, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, McAden, MeGormick, McNeill, McRae, Nissen, Parks, Pat¬ terson, Pearce, Riddick, Bobbins, Sherwood, Shober, Smith, Walien, "Walser, "Watson, Wellborn, Woodall, Young of Ire¬ dell, and Young of Yancey—52. Those who voted for Mr. Courts, are : • Messrs. Beam, Brown, Bumpass, Cobb, Costner, Crawford, Davenport, Davis, Foy, Gilliam of R., Grier, Harris of Ca¬ barrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Henderson, Headen, Hodges, Hooper, Joyner, Jndkins,- Kirby, Lemmonds, Logan, Long, Love, Mann ot Pasquotank, Manning, McKay, Person, Reynolds, Rich¬ ardson, Rhodes, Robinson, Russ, Russell of Craven, Shepherd, Stancill, Vann, Waddell and Williams—42. The consideration of the bill for the relief of wives and familes of soldiers was resumed. Mr. Love moved to strike out $500,000 and insert $1,000,000. Agreed to, yeas 72, nays 3. Those who voted in the affirmative are: Messrs. Speaker, Alford, Amis, A vera, Bernhardt, Beall, Benbury, Berry, Best, Brown, Bryson, Bumpass, Burgin, Carpenter, Cobb, Costner, Cowles, Crawford, Davenport, Davis, Dunn, Flynt, Fowle, Foy, Gentry, ^Gilliam of R., Gil¬ liam of G., Grier, Grissom, Hampton, Harris of Cabarrus, Henderson, Henry of Henderson, Headen, Hodges, Hollinga- worth, Hooper, Howard, ILorton, Ingram, Judkins, Keener, Kelly, Kirby, Lemmonds, Logan, Love, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McCortnick, McKay, McRae, Nissen, Parks, Patterson, Pearce, Reynolds, Richardson, Riddick, Rhodes, Robbins, Robinson, Russ, Sherwood, Wad¬ dell, Walser, Wellborn, Woodall, Worth, Young of Iredell, and Young of Yancey—74. Those who voted in the negative are : Messrs. Harrison, McAden and Stancill—3. 68 HOUSE JOUENAL. [Session The bill then passed its third reading, and was ordered to be engrossed. ME Kerner moved to take from the table a resolution to create a committee to visit the sick and wounded. Pending the consideration of the motion, the hour arrived for the election of a Solicitor of the 5th Judicial Circuit, and Messrs. - Carpenter and Gilliam of Bockingham, being ap¬ pointed a committee to superintend the election, the House proceeded to vote as follows : .Those who.voted for Mr. Abmfield are : Messrs. Speaker, Alford, Amis, Avera, Barringer, Beam, Benbuiy, Berry, Bond, Bryan, Bryson, Burns, Carpenter, Costner, Cowles, Dunn, Flynt, Fowle, Foy, Gentry, Gilliam of P., Glenn," Greene, Hawes, Henderson, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth, Horton, Ingram, Keener, Kerner,.Kirby, Laws, Logan, Lyle, Mann of Hyde, McAden, McKay, Nissen, Bichardson, Biddick, Bhodes, Bobbins, Buss, Sherwood, Sprnill, Yann, Wallen, Walser, Woodall, Worth, and Young of Yancey—56. Those who voted for Mr. Caldwell are : Messrs. Allison, Bernhardt, Beall, Bnrgin, Davenport, Hampton, Harrison, Hooper, Judkins, Kelly, Long, Love, Mann of Pasquotank, McCormick, McNeill, McBae, Parks, Patterson j Pearce, Bussell of Craven, Smith, Waddell, Wat¬ son, "Wellborn and Young of Iredell—25. Those who voted for Mr. Kekr are : Messrs. Brown, Bnmpass, Carson, Co"bb, Crawford, Davis, Grier, Harris of Cabarrus, Hodges, Lemmonds, Manning, Person, Bobinson and Shepherd—15, Mr. Allison from the committee to superintend the election of Treasurer, reported that the whole number of votes was 140, necessary to a choice 71, of which Mr. "Worth had received 79, and Mr. Courts 61. Mr. Worth is therefore declared elected. The House proceeded to ..consider the motion of Mr. Kerner. .Mr. Waddell,called for the yeas and navg on the motion to 1862-63.] HOtJSE JOURNAL take from the table. One-fifth of the House did not second the call. The motion to take up was rejected. H. B. No. 89, to continue in force the act of the Conven¬ tion concerning distillation was taken up and read the 24 time. Mr. Avera moved to insert "of the seed thereof," after " Chinese sugar cane." Agreed to—yeas 5*5, nays 7. Mr. Watson moved to ariiend! by inserting " dried fruit/' after rice, &c. * Agreed to. Mr. Kirby moved to amend by inserting " honey;" Which was rejected. Mr. Fowle moved to stride out the section of ratification sts the bill itself proposes to commence from Jan. 1st, 1863. Agreed to. Mr. Amis moved to strike out Jan 1,1863, and insert Dec. 20, 1862. Mr. Gostner moved to amend the amendment by makiug it Dec. 15. Both of which v ere rejected. The bill then passed its second reading. Mr. Carpenter, from the committee to superintend the election of Solicitor, reported that the whole number of votes was 142, necessary to a choice 72, of which R. F. Armfield received 89; W. P. Caldwell 34; Jas. E. Kerr 19, Mr. Armfield is duly elected. Mr. Bnrgiu moved to adjourn until to-morrow 11 o'clock Yeas 40, nays 39. THURSDAY, Pecembek 4, 1802, Mr. Grier introduced a memorial from Moriah Baptist1 Association, asking to be incorporated. Mr. Beam presented a petition accompanied by a, bill to; incorporate the Shelby and Broad River Railroad Company. Read first time, passed and referred to, popapiittee on Inter¬ nal Improvements, 70 house jouenal; [Session Ordered That Messrs. Young of Iredell, Horton, Woodall, Euss, and Hooper constitute our part of the Committee on Enrolled Bills. Mr. Fowle from the Committee on Judiciary reported ii. B. No. 100, to exempt soldiers of North-Carolina from poll tax and requested its reference to the Committee on Finance. On motion of Mr. Ileaden it was so referred. Mr. Person introduced a resolution instructing the Com¬ mittee on Public Printing to examine whether any frauds have been committed in the execution of the public printing, •what when and where ; "Which was passed. Mr. Ingram introduced resolutions concerning our soldiers, affirming our desire to relieve them &c. Ordered to be printed and laid on the table. Mr. Kerner, introduced a resolution to continue in force ♦he ordinance "of Convention "exempting soldiers from poll tax. Head first time, passed and referred to Committee on Finance. Mr. Barringer introduced a bill, No. 102, to incorporate the Swift Island Gold Mining Company. Head first time, passed and made special order for Saturday next. Leave of absence was granted to Mr. Parks until Monday ; to Miv Flemming for one week; to Mr. Burgin until Monday; to Mr. Henry of Henderson until Monday, ^ind to Mr. Kerner until Monday. Mr. Avera moved to reconsider the vote by which the bill concerning the wives and families of soldiers, passed its 3d reading. ' Agreed to yeas 68, nays 23. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Ben- bury, Berry, Best, Bond, Bryan, Bryson, Burgin, Burns, Bynum, Carpenter, Carson, Cowles, Craig, Flynt, Foy, Gentry, Glenn, Greene, Grissom, Hampton, Harris of Cabarrus, liar, ris of Chatham, Harrison, Henry of Henderson, Headen, 1862—'63.] HOUSE JOURNAL. 71 Hollingsworth, Hooper, Howard, Horton, Ingram, Joyner, Keener, Kelly, Kerner, Laws, Long, Love, Lyle, Mann of Hyde, McAden, McCormick, McNeill, McRae, Nissen, Pat¬ terson, Pearce, Richardson, Robbins, Rnss, Russell of Craven, Shepherd, Shober, Smith, Sprnill, Waddell, Wallen, Watson, Wellborn, Woodall, Worth, Young of Iredell and Young of Yancey—68. Those who voted in the negative are: Messrs. Beam, Brown, Bumpass, Cobb, Crawford, Daven¬ port, Davis, Dunn, Gilliam, Grier, Henderson, Hodges, Jud- kins, Lemmonds, Logan, Mann of Pasquotank, Person, Reynolds, Rives, Robinson, Stancill and Williams—23. Mr. Amis moved to reconsider the vote by which Mr. Cobb's amendment was adopted. Agreed to. On motion of Mr. Shepherd, Ordered^ That a message be sent to the Senate proposing to raise a joint committee of five on the part of the House, and three on the part of the Senate, to whom shall be refer¬ red H. bills, Nos. 33, 10, 49 and 5, and such others of a like nature as may be before the House or Senate. Agreed to. Mr. Mann, of Pasquotank, from the Committee on Internal Improvements, reported favorably II. bill, No. 58, to amend the charter of Greenville and French Broad Railroad. On motion of Mr. Headen, H. bill, No. 89, was taken up and put on its third reading. Mr. Shober offered an amendment to except persons dis¬ tilling for the government. Not agreed to. Mr. Amis moved to amend by striking out $100 and in¬ serting $500. t Mr. Avera moved to' amend the amendment by inserting $1000 instead of $500. Agreed to. Mr. Waddell moved to amend by striking out 30 days im¬ prisonment, and inserting " 90." Agreed to. Mr. Amis offered an amendment that each and every day, or part of a day in which the still may run, shall constitute an offense. Agreed to. Mr. Person moved to restore the ratifying section to its original form. Not agreed to. 72 HOUSE JOURNAL. •[Session* Mr.JVwle moved to amend the ratifying section so as to* read "shall he in force from and after the 1st day of January, 1863,' and continue in force until the 1st of January, 1865.'r Agreed to. Mr. Waddell an amendment that the. punishments inflicted in.;the first section, shall be upon any person who shall remove tho grain from this State for distillation.. "Which was agreed1 to. The bill then passed its third reading—yeas 92, nays 3. A call for the yeas and nays being seconded by one-fifth of the members present Those who voted in the affimative are: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- , ger,. Beall, Beam, Benburry, Berry, Best, Bond, Brown, Bryan, Bryson, Bumpass, Bnrgin, Burns, Bynum, Carpenter,- Cobb, Cowles, Craig, Crawford, Davenport, Davis, Dunn, Flynt, Fowle, Gentry, Gilliam of Iiockingham, Gilliam of Granville, Glenn, Greene, Grier, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Henderson, Headen, Hodges, Hollingsworth, Iloopr er, Howard, Horton, Ingram, Joyner, Judkins, Keener, Kel¬ ly, Kerner, Kirby, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McAden, McCormiek, McKay, Mc- Neilfy McRae, Nissen, Parks, Patterson, Person, Reynolds, Richardson, Rives, Rhodes, Bobbins, Robinson, Russ, Russell of Craven, Shepherd, Sliober, Smith, Spruill, Waddell, Wat¬ son, Wellborn, Williams, Woodall, Worth, Young of Iredell,, and Young of Yancey—92. Those who voted in the negative are: Messrs. Foy, Henry of Bertie, and Stancill—3. Received from His Excellency, the Governor, a message transmitting communications relating to State prisoners con¬ fined at Salisbury by Confederate authority,'and an account from West and Johnston, of Richmond, for alleged infringe¬ ment of copy-right. Mr. Shepherd moved that a message he sent to the Senate transmitting the message and documents and proposing to 1862-'63j HOUSE JOURNAL. refer that portion of the message referring to the prisoners,, to the Joint Select Committee on that subject. Mr. Fowle moved to amend the motion by referring the account of Messrs. West and Johnston to the joint select Committee on Public Printing. Motion and amendment agreed to. Received from the Senate a message declining to raise a committee to whom shall be referred H. bills, Nos. 10, 49, 33 and 5. : Mr. Shepherd moved that they be referred to a committee, of five from the Honse. Which was agreed to. The House then adjourned. FRIDAY, December 5, 186'2. • Ordered, That Messrs. Shepherd, Cobb, Allison, Bond and Bernhardt be the committee to whom shall be referred EL Bs. Nos. 33, 10, 5 and 49. Mr. Fowle; from the Committee on Judiciary, reported H. Bs. Nos. 5,9, 10, 53 and 56, and asked to be discharged from their further consideration, and that they be referred to the select committee ,on extortion, &c. Which was agreed to. Mr. Worth, from the Finance Committee, reported the Revenue Bill. Read and ordered to be printed. Mr. Worth, from Finance Committee, reported II. B. No. 47, and asked that it be referred to the Committee on Ex¬ tortion, &e. Mr. Worth, from the same committee, reported a memorial from citizens of Randolph as to tax on dogs, and asked to be discharged from its consideration as they have provided such tax in the Revenue BilL Also same, from the same, a bill to exempt soldiers from poll tax, and beg leave to be discharged from its considers- 74 HOUSE JOURNAL. [Session tion, as they have made such provisions in the Revenue Bill. Also same, from the same, a resolution concerning the continuation of Board of Claims, and report that they have iu preparation a bill to meet the necessities of the case. Mr. Person, from the Committee on Military Affairs, repor¬ ted, H. B. No. 28, to raise 10,000 troops with a substitute. Ordered to be printed and made the special order for Tues¬ day next. Same, from the same, reported H. B. No. 45 to raise 10,000 troops and asked to be discharged from its further consideration, as they have reported a bill on the same subject. Mr. Person, from the Committee on Military Affairs, re¬ ported adversely H. B. 72, to increase the pay of soldiers in service of the State. Also same, from the same, reported adversely H. B. 91, to protect the salt works. Also adversely H. B. 46 in favor of the counties west of the Blue Ridge. • Also same, from same, reported H. B. 30 to increase the patrol of the State, with a substitute. - Same, from same, asked to be discharged from the consid¬ eration of H. B. 79, concerning the mints. Mr. Cowles asked leave to enter his protest against the bill reported by the Military Committee for raising the State troops. Mr. Grissom asked leave also to enter his protest against the bill, and gave notice that he should soon submit a minor¬ ity report accompanied by a bill. Mr. Bobbins, from the committee on the Judiciary, repor¬ ted H. B., No. 78, and recommended its passage with amendments. Mr. Harris of Cabarrus, from the committee on Salt, repor¬ ted a resolution, No. 106, authorizing the Governor to make arrangements to remove the salt from the coast. Read first time and passed ; and on motion of Mr. Cobb, the rules being suspended, was passed its second and third readings. Mr. Shober, from the Committee on Education, reported 1862-'63.] HOUSE JOURNAL. 75 H. B. No. 19 to allow the Literary Board to elect a Treasu¬ rer. and recommended its passage with amendments. Also same, from same, favorably a bill to incorporate the Beataville Female Seminary. Mr. Waddell, from the Committee on the Judiciary, repor¬ ted adversely H. B. No. 61 to exempt from execution 50 acres of land. Mr. Shober, from the same, reported favorably with amend¬ ments II. B. No. 77, a bill to repeal 3d, 4th and 5th sections of 7th chapter of Revised Code. Mr. Fowle introduced a resolution (104) in favor of Theo H. Hill. Read first time, passed and referred to Committee *on Claims. Mr. Shepherd introduced a resolution (105) in favor of O. S. Johnson, an inmate of the Lunatic Asylum. Read first time, passed and referred to Committee on Propositions and Grievances. Mr. Rives introduced a resolution (106) concerning salt to soldier's families. Read first time and passed. Mr. Young of Iredell submitted a report from the Commit¬ tee on enrolled bills. Leave of absence was granted to Mr. Bryan until Monday next; to Mr. Burns until Tuesday; to Mr. McKay until Wednesday; to Mr. Henderson until Tuesday, and to Mr. Glenn until Monday. Mr. Gentry introduced a bill, No. 108, to perfect certain grants. Read first time, passed and referred to the Commit¬ tee on the Judiciary. Received from His Excellency Governor Yance, by his Private Secretary, Mr. R. H. Battle, the following message : State of North-Carolina, Executive Department, Raleigh, Dec. oth, 1862. Hon. R. S. Donnell, Speaker of the House of Commons: Dear Sir:—In reply to the resolution of the House of Commons, transmitted by you on the 2d inst., making inquiry HOUSE jOURHAt, [Session in regard to the arresting of citizens of Raleigh and others on its streets, I have to. inform the House that said arrests are made entirely by Confederate authority ; that no nse of Con-. federate officers or soldiers for making arrests has been authorized by me in the State, except in one or two instances of domestic disorder where it was thought the local militia were insufficient. Yerv respectfully, Your obedient servant, Z. B. tAHCE. Mr. Eowle introduced a resolution as follows Resolved, That the Governor be authorised and requested, in pursuance of the agreement made with the Confederate Government in relation to the enforcement of the conscript act, to require the officers of the Confederate Government to desist fxom making arrests of. our citizens nnder said law, and should they refttse to comply, that he be authorized and directed to arrest any Confederate officer or soldier acting tinder their direction, who' shall hereafter make any arrests of our citizens in the City of Raleigh or' elsewhe'fe in the State. The resolution passed it* first reading. Mr. Eowle moved to suspend the rules that it might be put on its second and third readings. The hour for the speoial order having arrived, Mr. Worth moved that it be postponed until Tuesday, 1 o'clock. Which was agreed to. The rules were then suspended—yeas 78, nays 1. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in affirmative are: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- ger, Beall, Beam, Benbury, Berry, Best, Bond, Bryson, Burns, By nun., Carpenter, Costner, Cowles, Craig, Crawford, Dunn, Flynt, Fowle, Foy, Gentry, Gilliam of Rockingham, Glenn, Greene, Grissom, Hampton, Harris of Cabarrus, Harris of 18C2-63.] HOUSE JOURNAL. 77 Chatham, Harrison, Hawes, Henderson, Henry of Bertie, Headen, Hodges, Hollingsworth, Hooper, Howard, Ingram, Joyner, Judkins, Keener, Laws, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McAden, McCormick,- McKay, McNeill, McRae, Nissen, Patterson, Pearce, Pei*kinsj Richardson, Riddick, Rives Robbins, Robinson, Russ, Rus¬ sell of Craven, Shepherd, Shober, Smith, Waddeil, Wallen, Williams, Woodall, Worth, Young of Iredell and Young of Yancey—78. Mr. Lemmonds voted in the negative. Mr. Amis introduced the following resolution as a substitute; Jdesolvdd, That the Governor be requested and directed to remonstrate with the Confederate government as to the prac¬ tice of its officers in arresting .citizens of North-Carolina, sus¬ pected to be liable to conscription, and that he insist upon such, practice being desisted from within the limits of this State ; so long as the Governor of North-Carolina shall con¬ sent to enforce the conscript laws of the Confederate govern¬ ment, through the agency of the Militia officers of the State. Mr. Worth moved that the matter be referred to a select committee of five. Which was agreed to. Ordered, That Messrs. Worth, McAden, Person, Shepherd, and Waddeil be said Committee. On motion, "the Committee were allowed to sit during, ihe session of the House, and requested to report as soon as pos¬ sible. Mr. Worth presented a resignation of his seat in the House of Commons, to take effect from the 20th instant. Mr. Robbins moved that a writ of election issue to be held on the 2ith instant. Agreed to. On motiofi of Mr. Shephrd, H. B. No. 19, to allow the Literary Board to elect a Treasurer, was taken up and passed its third reading. H. B. No. 17, to amend Charter of Western Plank Road. Passed its 3rd reading. 78 HOUSE JOURNAL. [Session BILLS ON SECOND BEADING. II. B. No. 37, in favor of W. H. Bryson. Passed. H. B. No. 43, to authorize O. M. Green to collect arrears of taxes. Passed. II. B. No. 46, concerning Roads, was read the second time. Mr. Costner moved to substitute S. B. No. 86, with com¬ mittee's amendments. Agreed to. The Committee's amendments making the ages for whites to work the Road from 16 to 55, and slaves from 14 to 60, were rejected. Mr. Shober moved to strike out all after the enacting clause, and insert an amendment giving the Justices of the County Court power to regulate the matter in each county. Agreed to. Yeas 39, nays 30. The bill as amended passed its 2nd reading. Mr. Waddell, from the Select Committee on Mr. Powle's resolution, submitted a report, as follows: The committee to which was referred the resolutions of the House upon the subject of the arrests of citizens by Confed¬ erate authority within the limits of the State, have had the game under consideration, and beg leave to report the follow¬ ing resolution, and recommend its passage: Hesolvcd, That the Governor be authorized and requested, in pursuance of an agreement made with the Confederate Government in relation to the inforcement of $ie conscript act, to request the proper officers of the Confederate Govern¬ ment to desist from making arrests of our citizens. "Which was not agreed to—yeas 42, nays 32. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Barringer, Beall, Beam, Brown, Cobb, Costner, Craig, Crawford, Davenport, Foy, Gilliam, Grier, Harris of Cabarrus, Harris of Chatham, Hawes, Henderson, Hooper, Judkins, Ivelly, Lemmonds, Love,Manning, McAden, Person, 1862-'63.] HOUSE JOURNAL. 79 Reynolds, Rhodes, Robbing Robinson, Rnssell of Craven, Shepherd, Stancill, Waddell and Worth-—32. Those who voted in the. negative are: Messrs. Allison, Alford, Avera, Bernhardt, Berry, Bryson, Burns, Carpenter, Cowles, Dunn, FJynt, Fowle, Gentry, Glenn, Greene, Grissom, Hampton, Harrison, Headen, IIol- lingsworth, Howard, Keener, Laws, Long, Lyle, Maim of Hyde, Mann of Pasquotank, McNeill, MeRae, Nissen, Pat¬ terson, Pearce, Perkins, Richardson, Riddick, Russ, SLober, Smith, Wellborn, Woodall, Young of Irednll, and Young of Yancey—42. Mr. Brown moved to adjourn. Not ag\ jed to, Mr. Grissom offered an amendment that the Governor Jiall use his discretion as to arresting the officers of the Confed¬ erate States. Which was accepted. Mr. Amis moved his former amendment as a substitute. Not agreed to. Mr. Foy moved to adjourn. Not agreed to. Mr. Foy moved that the further consideration of the reso¬ lution be postponed until to-morrow at 10 o'clock. Not agreed to. Mr. Person offered an amendment as follows: To strike out all after the word "that" in the 11th line of the original resolution, and insert " the Governor be directed, and empowered to take all such proceedings as he may deem best calculated to put an end to suchancsts"—which was accepted. Mr. Person moved further to amend by using the word " request " instead of " require." Agreed to. The resolutipn passed its second reading—yeas 75, nays none. A call for the yeas and na3rs being seconded by cne-fifth of the members present. Those who voted in the affirmative are, Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- ger, Beall, Berry, Brown, Bnmpass, Burns, Carpenter, Cost- ner, Cowles, Craig, Crawford, Davenport, Flviit, Fowle, Foy, ,80 HOUSE- JOURNAL. [Session Gentry, Gilliam, Glenn, Greene, Grier, Gris3om, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson,' Headen, IlollingsWorth, Hooper, Howard, Jud- kins, Keener, Kelly, Kirby, Laws, Lemmonds, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, Mc-. Aden, McCormick, McKay, McNeill, McRae, Nisseu, Parks, Patterson, Pearce, Perkins, Person, Reynolds, Richardson, Riddick, Rives, Rhodes, Robbins, Russ, Russell of Craven, Shepherd, Shober, Smith, Waddell, Wallen, Wellborn, Wood- all, Young of Iredell, and Young of Yancey—75. .The resolution that passed read as follows: Mesolved, That.the Governor be authorized and requested in pursuance of the agreement made with the Confederate government in relation to the conscript act, to request the officers of the Confederate government to desist from making arrests of our citizens under said law, and should they refuse to comply, that the Governor be directed and empowered to take all such proceedings as he may deem best calculated to put an end to such arrests. And being put on its third reading was passed. Mr. Waddell introduced a resolution as follows: Mesolved, That a seleet committee of three be appointed to inquire into the circumstances attending the arrest of W. J. Headen, a member of this House, that the parties engaged ia it may be brought before the bar of this House, to answer for the contempt. Which resolution passed. The House then adjourned until to-morrow, 11 o'clock. SATURDAY, December 6, 1862. Ordered, That Messrs. Mann, of Pasquotank, Shepherd and Henry, be the committee under Mr. Waddell's resolution. Mr. Allison, from the committee on Propositions and Griev¬ ances, reported favorably, II, B. 71, to amend charter of the city of Raleigh. 1862-*68J iiOIJSE JOURNAL. 81 The Speaker announced that he had approved and signed the following resolutions i A resolution affirming our separation from the U. S. and declaring our confidence in the administrations of President Davis and Governor Yance. Resolution of thanks to our soldiers in the armj. Mr. Cestner offered an appointment as Jnstice of the Peace for Lincoln county. On motion of Mr. Love, the appointment was laid on the table until the day set apart to appoint magistrates. Mr. "Woodall introduced a resolution concerning the meet¬ ing of the House, proposing to meet at 10 o'clock, and ad¬ journ at 2 o clock, meet again at 7, and adjourn at the plea¬ sure of the House. Laid over under the rules. Mr. Fowle, from the Committee on Judiciary, reported H. B. No. 67, concerning the execution of capital punishment ia private, with a substitute. Mr. Brown introduced a bill, 112, to alter the time of hold¬ ing the County Court of Mecklenburg. Read first time and passed, and'the rules being suspended the bill passed its second and third readings. Mr. Fowle introduced a bill, No. 113, to strengthen the laws already in force for the protection of personal liberty.. Read first time, passed and referred to the Committee on Salisbury prisoners, and ordered to be printed. Mr. Ingram introduced a bill, 114, to renew the charter of the Richmond Manufacturing Company. Read, first time, passed and the rules being suspended it passed its 2d and 3d readings. Mr. McNeill introduced a bill, 120, in reference to the Common Schools. Read first time, passed and referred to the Committee on Education. The following bills were taken up and, under a suspension of the rules, passed their 2d and 3d readings. H. B. No. 103, to incorporate the Swift Island Gold Mining Company. G 82 HOUSE JOURNAL. [Session H. B. 66, to incorporate the Beatavilla Female Seminary. ,S. B. No. 115, to amend an act entitled an act to incorpo¬ rate the Lizzerdalo Copper Company. ' S. B. No. 115, to amend the law in relation to sheriff's bonds. S. B. No. 116, expressing satisfaction of the General As¬ sembly, with the conduct of our soldiers and the liberality of our citizens. S. B. No. 117, to provide a supply of powder in the differ¬ ent counties of the State. S. B. No. 118, to amend the ordinance of the Convention entitled an ordinance to make some provision for wives and families of deceased soldiers. $. B. No. 119, to amend 33d and 38th sections of 102d {chapter of the Revised Code. S. R. No. 120 in relation to the secret proceedings of the Senate and House. Received from the Senate a message transmitting an en¬ grossed bill, to authorize the county of Chatham to levy a tax for working'the roads, with amendments, and asking the agreement of the House to the same. Not agreed to. Received from tne Senate a message stating that the Sen¬ ate declines to concur in the amendments of the House to the bill concerning the distillation of spirituous liquors. Mr. Amis moved that the House recede from its amend¬ ments. Mr. Fowle moved 'to amend the motion by saying that the House adheres to its .amendmcuts. Mr. Mann moved that the matter he postponed until Wednesday next. Not agreed .to. The House then decided to adhere to its amendments. Received from ;the Senate .a message transmitting the statement of the Bank of Lexington, with a proposition to •print. Which was agreed to. Received from the Senate a message transmitting a num¬ ber of engrossed bills, Nos. .90,115,116,117,118., 1.19, which, *8,above, passed their 2d and 3d readings. 1862-63.] HOUSE JGURHAL. 83 'Received from the Senate a message stating that the Sen¬ ate recedes from its amendments to the bill to authorize Magistrates of Chatham to levy tax for working the roads. Received from the Senate.a message transmitting a reso¬ lution, Ho. 120; which passed its 2d and 3d readings. Received from His Excellency the Governor a message 'transmitting certain documents relative to the seizure of iron by the Confederate Government from the Wilmington, Char¬ lotte and Rutherford Railroad. Sent to the Senate with a proposition to raise a joint select committee of five on the part of the House and three on the part of the Senate, to whom the message and documents shall be referred. 'On motion of Mr. Mann the S. B. to allow county courts to raise the bonds of sheriffs was taken up and passed its 2d •and 3d readings. Leave of absence was granted Mr. Dunn until Thursday next. On motion of Mr. Costner, H. B. Ho. 78, to alter the times •of holding the Courts of Law and Equity in the 6th Judicial '■Circuit was taken up and passed 2d reading, and the rules being suspended was read the 3d time and passed. The House then adjourned until Monday 11 o'clock. MQHDAY, December 8, 1862. Mr. Fowle from the Judiciary Committee, reported in favor of H. B. Ho. 108, to perfect certain grants. Ordered, That Messrs. Beall, Hooper, Bond, Davenport, and Young of Yancey, constitute our part of committee on Enrolled Bills. Mr. Shepherd from the select committee on extortion, &c., reported H. Bs. Hos. 47 and adversely, and Hos. 10 and 5, favorably with amendments. The Speaker presented the statements of the Merchants'. Bank of Hewbern, and Bank of Thomasville. Sent to the Senate with a proposition to print. Mr. Cawles introduced a resolution, Ho. 122, in f^vor 'of €4 HOUSE JOURNAL. [Session W. W. Long. Read first time, passed and referred to Com¬ mittee on Claims. Mr. Worth introduced a bill No. 123, to repeal the 1st sec¬ tion of an ordinance of the Convention, concerning the right of soldiers to vote. Read first time and passed. Mr. Eowle introduced a bill, No. 121, for the relief of the families of deceased soldiers, and to provide for a roll of honor. Read first time, passed, and referred to the Committee on Military Affairs, and ordered to be printed. Mr. Beall introduced resolutions, No. 125, concerning a roll, of honor. Passed second and third readings. Mr. Joyner introduced resolutions as follows: Resolved, That in the opinion of the General Assembly of the State of North-Carolina, the recent order o*f Brigadier General French, directing the burning of all cotton east of the line of the Wilmington and Weldon, and Petersburg Rail¬ road, not removed prior to the fifteenth day of December, is unwise, unjust, and impolitic, and if carried into effect will be a wanton and unnecessary destruction of property. Resolved, That this General Assembly has entire confidence in the patriotism of the people residing in that section of the State, and believe that they would cheerfully give their pledge of honor, to burn their own cotton, with their own hands, rather than it should fall into the hands of the public enemy, if requested so to do by the military authorities. Resolved, That His Excellency, Governor Yance, be re¬ quested to transmit a copy of these resolutions to His Excel¬ lency, the President of the Confederate States, and earnestly protest against the execution of this unnecessary order. Which were adopted and ordered to be sent to the Senate. Mr. Foy introduced a resolution No. 127. Read first time and passed. Mr. Fowle introduced a bill, No. 126, to amend the charter of the Raleigh and Coalfields Railroad. Read first time, passed, and referred to, the Committee on Internal Improve¬ ments, and ordered to be printed. Received from the Governor's Aid, Col. D, A. Barnes, act- 1862-'63.} HOUSE JOURNAL. 85 ing in his absence, a message transmitting the statement of the Bank of Charlotte; also memorials from the ladies of Cleveland and Caswell; also a letter from H. L. Hopkins, Esq., of Ya., concerning a bill on extortion, and a letter from J. W. Johns. Sent to the Senate. Received from the Senate a message transmitting the fol¬ lowing engrossed bills: A resolution in favor of Lewis Williamson. Read first time, passed, and referred to the Committee on Claims. A resolution requesting the Governor to correspond with Railroad and other companies in relation to the transportation of salt from Wilmington, &c. Read first time and passed, and under a suspension of the rules, it passed its second and third readings. * A bill to amend the charter of the Cheraw and Coalfields Railroad Company as amended by an ordinance of the Con¬ vention. Read first time and passed. A bill to be entitled " An act for the better management and repair of the Western Turnpike, and rebuilding and re¬ pairing certain bridges on the same road." Read first time and passed. A resolution to fix the hour of meeting at 10 o'clock, to ad¬ journ at 2, and meet again at 7, and adjourn at the pleasure of the House, was taken up and passed. Received from the Senate a message proposing to raise a joint select committee of five on the part of the House, and three on the part of the Senate, to whom shall be referred the'message of the Governor in reference to the Wilmington, Rutherford, and Charlotte Railroad iron. TJie Speaker appointed as House branch of the committee, Messrs. Russell of Brunswick, Costner, Ingram, McNeill and Ilawes. Received from the Senate a message stating that that body insists upon its disagreement to the amendments of the House of Commons to the bill concerning the distillation of spiritu¬ ous liquors. Mr. Amis moved that a message be -sent to the Senate pro- 86 HOUSE JOURNAL. [Session) posing a committee of conference. To which the House- agreed*- Ordered, That our part of the committee consist of Messrs. Amis and Avera. Mr. Worth moved that the House go into secret session.. To which .the House agreed. The secret session being over, Mr. Grissom moved to take- up H. B. No. 84:, for the relief of sick and wounded soldiers.. To which the House agreed. Received from the Senate a message transmitting the state¬ ment of the Bank of Lexington, and proposing to print the- same. Agreed to. Mr. Peebles moved to amend by striking out " $200,000,"" and inserting " $500,000, or so much thereof as may bo nec¬ essary." Mr. Glenn moved to amend the amendment by inserting merely $300,000. Which was accepted. The question being upon Mr. Glenn's amendment, it was- agreed to. Mr. McAden moved to amend by inserting after " two sur¬ geons," " or more, if necessary." Adopted. The bill then passed its second reading, and the rules being" suspended, was passed its third reading. Mr. Peebles introduced a resolution referring so much of the Governor's message as relates to aiding the Confederate authorities in their efforts to maintain the efficiency of the i army to the Committee on Military Affairs. Received from the Senate a message transmitting the hill concerning prisoners, with certain amendments. Agreed to. On motion, The House adjourned until to-morrow, 11 o'clock. TUESDAY, December 9, 1862. Mr. Brown introduced a resolution instructing the commit¬ tee on Finance to inquire into the expediency of increasing l802-'03,] fiOtfSE JOUMAL the issue of Treasury Notes; from five cent bills tip to three dollars. Mr. Grissom submitted a minority report from the Com¬ mittee on Military Affairs, accompanied by a bill'.; Mr. Love introduced a resolution rescinding the Resolution of yesterday concerning night sessions. Laid over under the rules. Mr. Avera moved to re-consider the vote by which the resolution concerning night sessions passed on yesterday. Laid over under the rules. Mr. Worth presented a resolution that so much of the Governor's message as relates to the issue of small notes by the State, be referred to the Committee On, Finance. Mr. Stancill introduced a bill to provide for the defence of the State. Ordered to be printed. Deceived from the Senate a message, agfeeiiig to the pro¬ position to raise a Joint Select Commitee on the' bill to pre¬ vent distillation of spirituous liquors. Mr. Costner presented a memorial from Daniel's Creek Church, asking incorporation. A bill to incorporate the said church passed the first reading, and, was referred to the Com¬ mittee on Propositions and Grievances. The bill concerning workhouses was taken up, and passed its third reading. The Speaker announced that he had approved and signed the following bills: Resolutions expressing satisfaction of the General Assem¬ bly, with the spirit of the people in sustaining the army, and with the conduct of our troops; An act to amend the act to incorporate the Lizzerdale Copper Company; An act to amend the ordinance of the Convention, entitled an ordinance to make some provision for families of soldiers dying in the service, and for other purposes; An act to provide a supply of powder and lead in the dif¬ ferent coupties of the State ; An act to regulate the fees of Jailors; §8 HOUSE JOURNAL. [Session A resolution in relation to the secret proceedings of the General Assembly; Resolution protesting against the burhing of cotton in Eastern North-Carolina; An act amendatory to the law in relation to sheriff's bonds; Received from the Senate a message, proposing to raise a joint select committee of five on the part of the Honse, and three on the part of the Senate, to inquire into the payment of soldier's claims in Confederate notes, instead of North- Carolina Treasury notes, which were ordered for that purpose, concurred in. Ordered, That Messrs. McAden, Russell of Bruswiek, Hen¬ derson, Carpenter and Foy, constitute the committee on the part of the House. The hour for the special order having arrived, it was taken up and considered, it being the committee bill to raise a State force. Mr. Grissom moved to substitute his minority bill. Mr. Stancill moved the bill introduced by him this morn¬ ing as a substitute to the substitute. Mr. Stancill's motion was not agreed to—yeas 3, nays 91. A call for the yeas and nays being seconded by one-fifth of the members present, ■ Those who voted in the affirmative are: Messrs. Bynum, Robinson and Stancill—3. Those who voted in the negative are: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- ger, Beall, Benbury, Berry, Bond, Brown, Bryan, Bryson, Bumpass, Burgin, Burns, Bizzell, Carpenter, Cobb, Costner, Cowles, Craig, Crawford, Davenport, Davis, Flynt, Fowle, Foy, Gentry, Gilliam, Glenn, Greene, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Henderson, neaden, Hodges, Hooper, Howard, Ilorton, Ingram, Joyner, Judkins, Keener, Kelly, Kerner, Kirby, Laws, Lemmonds, Logan, Long, Love, Lyle, MSmn of Pasquotank, Manning, McAden, McCprmick, Mc¬ Neill, McRae, Nissen, Parks, Patterson, Perkins, Person, 1862-63.] HOUSE JOURNAL. 89 Reynolds, Richardson, Riddick, Rives, Rhodes, Robbiris, Russ, Russell of Brunswick, Russell of Craven, Shepherd, Shober, Smith, Spruill, Stanford, Wallen, Watson, Wellborn, Williams, Woodall, Worth, Young of Iredell, Young of Yancey—91. The question then recurred upon Mr. Grissom's motion to substitute. The hour for another special order having arrived, it was postponed until to-morrow 11 o'clock. On motion of Mr. Burgin, the minority report was ordered to be printed, and the whole matter postponed until to-mor¬ row 12 o'clock. Mr. Amis asked leave to submit a report from the Com¬ mittee of Conference, on the bill to prohibit the distillation of spirituous liquors, as follows: That it be recommended that the Senate concur in the amendments to include in the list of articles forbidden to be used for distillation, in the fifth line "peas and pea-nuts" after "wheat," and the words "the seed thereof" after the words ■"sugar cane," and the word " rice" afte-' the words "dried fruit;" and in 2d sectioned line, after striking out the words " its ratification," insert the words " the 1st day of January, 1863." That the penalty for violation of the act shall be $500 fine and sixty days imprisonment. That the Senate concur in the amendment at the end of section 2d, "That persons offending against the provisions of this act, shall be deemed guilty of a distinct offence for every day or part of a day in which they shall be so offending." That the House recede from its amendment proposed as section 2d relative to exportations of corn, Ac., for purposes of distillation; In which report the House concurred. On motion the House adjourned until to-morrow 10 o'clock. 90 HOUSE JOURNAL. [Sessiorf WEDNESDAY, December 10, 1862. Mr. Burgin, from the Committee on Claims, reported favor¬ ably, II. B. No. 96, a resolution in favor of M. L. Brittain. Mr. Patterson, from the Committee on Propositions and Grie¬ vances, reported H. B. No. 105 in favor of Oscar J. Johnston. Mr. Allison, from the same committee, reported adversely to H. B. No. 52, to extend provisions of the 8th section 45th chapter of Revised Code. Mr. Keener, from the same committee, reported adversely to H. B. No. 76 to prevent traffic in spirituous liquors near the General Military Hospital. Mr. McAden, from the Committee on the Judiciary, re¬ ported favorably with amendments, H. B. No. 81, to amend 18th section of the 46th chapter of the Revised Code. Mr. McKay, from the same committee, reported H. B. No. 62 favorably with amendments, to provide for the probate of wills and granting letters of administration when the coun¬ ties of testators are in the hands of the enemy. Mr. McKay moved that the rules be suspended and this bill be put on its 2d and 3d readings; to which the House agreed, and the bill passed its several readings. Mr. McAden moved that the reference of H. B. No. 113, to strengthen the laws for the protection of personal liberty be changed from the committee on Military Affairs to that on the Judiciary. Agreed to. Mr. Avera moved to take up his motion to reconsider the vote by which was passed the resolution to fix a time for meeting and adjourning of the House of Commons each day Agreed to. Mr. Avera then moved to lay the resolution on the table; To which the House agreed. Mr. Robinson introduced a resolution in favor of J. G. Car- raway (No. 134.) Read first time, passed and referred to Committee on Claims. Mr. Mann of Pasquotank introduced a resolution in favor of Jas. S. Ives, (135.) Read first time passed and referred to Committee on Claims. 1862-'63.] HOUSE JOURNAL. 91 The special order was then taken up, it being a bill to cre¬ ate a police force. Mr. Eowle moved to insert as to arrests of citizens, "per¬ sons for whose apprehension a warrant may have been issued." Agreed to. Mr. Harris of Chatham offered an amendment as a substi¬ tute, striking out all after the enacting clause and inserting " a bill introduced by his colleague." Mr. Peebles moved that the amendment be printed and the whole matter be postponed nntil to-morrow 12 o'clock. To which the House agreed. Received from the Senate a message proposing to raise a joint committee of three on the part of the House and two on the part of the Senate, to consult and report whether it will be compatible witb the public interest for the Legislature to* adjourn sine die on the 20th or 22d inst. Agreed to. Messrs. Russell of Brunswick, McAden, and Long were appointed the House part of the committee. The special order was then taken up, it being a bill to organize a State force, and the question being upon the adoption of the minority, report as a substitute to the report of the Committee. Mr. Russell of Craven moved to reconsider the vote by which Mr. Stancill's substitute was rejected. Not agreed to. Mr. Peebles moved that when the vote is taken it be by sections. Agreed to. Mr. Harris of Cabarrus moved that the House take a recess untill half-past 3 o'clock. Not agreed to. On motion, the House adjourned until to-morrow 10 o'clock. THURSDAY, December 11,1862. The Speaker presented a letter from E. "W". Johns, Medical Purveyor, asking that persons be allowed to distill alcohol for the government. Sent to the Senate. HOUSE JOUBHAL. [Session Mr. Mann, of Pasquotank, from the Committee on Military Affairs, reported favorably II. B. 131, in favor of Jas. S. Ives. Mr. Allison from the Committee on Propositions and Griev¬ ances, asked to be discharged from the consideration of It. B. concerning the manufacture of cotton cards, and reported favorably H. B. 95, to amend an act for the relief of the Banks and the people. Mr. Burgin from the Committee on Claims reported favor¬ ably II. B. Ho. 131, in favor of J. G. Carraway; also report¬ ed favorably B. B. Ho. 136, in favor of Lewis Williamson. Mr. Fleming from the Committee on Internal Improve¬ ments, reported favorably H. B. 101, to incorporate the Shelby and Broad .River Railroad Company. Mr. Headen introduced a resolution instructing the Judi¬ ciary Committee to enquire into the expediency of forbidding negroes from owning dogs. Mr. Foy introduced a series of resolutions concerning the raising of 10,000 volunteers, which were read first time and passed. Mr. Foy moved to suspend the rules and put the resolutions on their second and third readings. Hot agreed to. On motion, they were laid on the table and ordered to be printed. Mr. Cowles from the Committee on Private Bills, reported favorably H. B. Ho. 122, in favor of W. W. Long; also H. B. Ho. 43, in favor of C. M. Green, Sheriff of Cleveland county. Mr. Watson from the Committee on Salisbury prisoners, submitted a report and a bill. Bead first time and passed. Beceived from the Senate a message transmitting the following engrossed bills which were read first time and ■passed: A bill to provide for holding courts in Hertford county ; Besolutions in favor of Thos. E. and C. M. Skinner, Jr.; Besolntion on printing the Inaugural Address of Governor Yance; Besolution in favor of Solomon Pool; 1862-63.] nOUSE JOURNAL. 03 Resolutions declaring the office of Adjutant General, Attor¬ ney General, and Solicitor for the 4th Judicial Circuit, vacant. Mr. McAden moved to suspend the rules that this be read the second and third time. Not agreed to. Resolution In favor of L. S, Hicks. On motion of Mr. Rives, the rules were suspended and the resolution passed its second and third readings. Received from the Senate a message proposing to set apart Friday, the 12th inst., as a day to appoint Justices of the Peace. Concurred in. Mr. McCormick introduced a bill, No. 137, to incorporate the Western North-Carolina Copper and Gold Mining, and Copperas Manufacturing Company. Read first time and passed, and referred to the Committee on Private Bills. Mr. Grissom introduced a bill concerning a patrol force, No. 145. Read first time and passed, and ordered to be printed. Mr. Grissom gave notice that at the proper time he would liiove this bill as a substitute for the several patrol bills before the House. ' Mr. Mann, of Pasquotank, introduced a bill, No. 148,. for the benefit of those who have entered vacant lands. Read first time and passed. Mr. Russell, of Brunswick, introduced a bill, No. 147, in favor of J. H. Allen, former Sheriff of Brunswick county.— Read first time and passed, and referred to the Committee on Propositions and Grievances. Mr. Foy introduced a bill, No. 148, in favor of M. F. Redd, late Sheriff of Onslow county. Read first time, passed, and referred to Committee on Propositions and Grievances. Mr. McNeill introduced a bill concerning Common Schools. Read first time, passed, and referred to the Committee on Education. Mr. Burgin moved that a message be sent to the Senate proposing to go into the election of Judge for the 7th Judi¬ cial Circuit, on to-morrow at 1 o'clock. To which the House agreed, HOUSE JOURNAL. [Session Mr. Burgin nominated Hon. B. S. Gaither. Air. Bernhardt nominated Walter W. Lenoir. Mr. Allison nominated Anderson Mitchell. Mr. Keener nominated W. M. Shipp. On motion of Mr. Shepherd, Ordered, That a message be sent to the Senate, proposing to go into the election of Solicitor for the 7th Judicial Cir¬ cuit at half past one o'clock to-morrow. Mr. Shepherd nominated W. P. Bynum. Mr. Worth nominated T. R. Caldwell. Mr. Bnrgiu nominated Jno. D. Hyman. The unfinished business of yesterday was then taken up, it being a bill to raise a State force, the question bemg upon the substitute offered by the minority to the substitute offered by the majority of the committee. The first section of the bill was read. Mr. Peebles moved to insert the words " white males," be¬ tween the words " any " and " persons," in the first section. To which the House agreed. Mr. Ingram offered an amendment to make the number of troops eight thousand infantry,,and two thousand cavalry. Not agreed to. Mr. Waddell offered the following resolution as an amend¬ ment, but was ruled out of order: Resolved, That in pursuance of an act passed by the Legis¬ lature of this State, at its session of 1SG0 and 1861, whereby the Governor of the State was authorized to raise a reserved corps of eight regiments for the defence of North-Carolina, the Governor be and is hereby required to carry out the pro¬ vision of the said act. Mr. Stancill proposed to amend by striking out " now in actual service," and insert "" subject to the conscript law of Congress, except by the consent of the President." Mr. Peebles an amendment; which was ruled out of order. Mr. Person offered the following amendment: Insert after " Confederate States," 7th line, 1st section, the following: " and not called, nor liable to be called into the 1862-63.] HOUSE JOURNAL. 95 service of the Confederate States under the conscription law, which latter may be accepted and enrolled by the consent of the Pi •esident of the Confederate States." Which amendment was not agreed to—yeas 37, nays 61. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Amis, Beall, Beam, Bizzell, Brown, Bum pass, By- num, Cobb, Costner, Crawford, Davenport, Davis, Fleming, Foy, Gilliam, Grier, Harris of Cabarrus, nawes, Henderson, Hooper, Judkins, Lemmonds, Logan, Love, Manning, Pee¬ bles, Person, Reynolds, Rives, Rhodes, Robinson, Russ, Rus¬ sell of Craven, Shober, Stanford, Stancill and Williams—37. Those who voted in the negative are: Messrs. Allison, Albritton, Alford, Avera, Bernhardt, Ben- bury, Berry, Best, Bond, Bryan, Bryson, Burgin, Burns, Car¬ penter, Cowles, Craig, Dunn, Flynt, Fowle, Gentry, Glenn, Greene, Grissom, Hampton, Harris of Chatham, Harrison, Henry of Bertie, Henry of Henderson, Headen, Howard, Horton, Ingram, Joyner, Keener, Kelly, Kerner, Laws, Long, Lyle, Mann of Pasquotank, McCormick, McNeill, McRae, Nissen, Parks, Patterson, Pearce, Richardson, Riddick, Rob- bins, Russell of Brunswick, Smith, Spruill, Waddell, Wallen, Walser, Watson, Woodall, Worth, Young of Iredell, and Young of Yancey—61. Received from the Senate a message, agreeing to the pro-, position to go into the election of J udge and Solicitor for the 7th Judicial Circuit to-morrow. On motion, The House adjourned until to-morrow 10 o'clock. FRIDAY, December 12, 1862. Mr. Wallen aked leave to change his vote on Mr. Person's amendment yesterday as he misunderstood the question at issue. He now votes u nay." 00 HOUSE JOURNAL. [Session Leave. Granted. - t O .Messrs. Brown and Shepherd having been absent ashed leave to record their votes. The Speaker said strictly it was out of order, but could be done by the consent of the House. Granted. They vote " yea." Mr. Fowle presented a memorial from. John Rosemond. Referred to the Committee on Claims. Mr. Allison, from the Committee on Propositions and Grievances, reported adversely to H. B. 145. Mr. McAdcn, from the joint select committee on adjourn¬ ment, reported a resolution as follows: Resolved, That the two Houses of the General Assembly will adjourn over on Monday the 22d inst., at 6 o'clock, A. M., to meet again the first Monday in November, 1863, un¬ less sooner convened by the Governor and Council. Mr. McAden moved that the resolution be considered ered immediately. Not agreed to. Mr. Manning moved that it be made the special order for Monday 12 o'clock. Mr. Mann of Pasquotank, from the special committee con¬ cerning the arrest of Wm. J. Headen, submitted a report as follows: The committee appointed by the House to investigate the matter in regard to the arrest of W. J. Headen, a member ot the House of Commons, from the County of Chatham, by Confederate States' soldiers, beg leave to make the following report: The Committee summoned before them Lt. Robt. J. Walker, who, upon being questioned as to his authority for arresting citizens, produced his authority from Brigadier General James G. Martin, but stated that the guard that made the arrest were intoxicated at the time and had far transcended the instructions given to them by him. Gen. Martin, on being summoned before the committee, said that he had received his orders from. General French, commanding this Department of North Carol in a. Bnt that 1862-63.] HOUSE JOURNAL. 97 the order was not to take up every person who w&s liable to the conscript act, except such person had been enrolled and had failed to make his appearance at the conscript camp; thht all sacli were considered by the Military Authority as deserters. General Martin said that as soon as the fact came to his knowledge of the arrests of citizens by the guard, that 'lie immediately had the same stopped—that the guard had iacted directly in opposition to orders—that he had been told by Lieut. Walker that 'the guard were intoxicated, and that he had given positive brders to •Col. Mallett to investigate the matter, and if the facts as reported by Lieut. Walker (as to their intoxication) he found true, to punish the men. He further stated that the guard was only intended to be used by Lieut. Walker in making arrests of deserters and others belonging to the army that might require such force, and not to go about arresting citizens as the guard did on the occa-. &ion referred to. All of which is most respectfully subnqitud* Mr. Bernhardt introduced a resolution (No. 156^ Myor of Caldwell county. Read first time, passed inferred to the Committee on Propositions and Grievances. Mr. Bernhardt introduced a resolution (155>) m, favor of P.1 C. Hargrave. Read first time, passed and referred to Com-- mittee on.Propositions and Grievances, Mr. Peebles int roduced a resolution (154) in fayor of Mpt-- dey and Browers. Read first time,. passed and referred; to., 'Committee on Claims. Mr. Horton introduced the following resolution,.which war agreed tot; jResolved, That a message be sent to the Senate,, proposing to raise a joint select committee of two on the part of the Senate and three on the part of the House, whose duty it •shall be to make enquiry why. it is that only about one-half of the soldiers in service from this State, have received the bounty to which they are entitled, under an ordinance of the Convention of this State, and that they be authorized to send for persons and papers if necessary, and report thereon at as fairly a day as practicable, by bill or otherwise. 7 984 HOUSE JOURNAL. [Session Mr. Richardson moved to suspend tile rules so as to take' np II. B. No. 129, to amend the charter of the Cheraw and Coalfields Railroad as amended by the Convention. Not agreed to. Mr. McCormick moved to take up the resolution concern¬ ing night sessions, which had been laid" on the table. To which the House agreed. Mr. Amis moved to amend the resolution so as to read " from and after Saturday." To which the House agreed. The resolution then passed. Mr. McRae called for his resolution limiting speakers to 15 minutes, which was on yesterday laid over. Mr. "Waddell moved to amend by saying " 30 minutes."' Not agreed' to. The resolution then passed. Young, of Iredell, introduced a bill No. 146, concern¬ ing saltH of land. Read first time, passed and referred to the Judiciary Committee. Mr. Peebles Introduced a bill for the relief of sheriffs. Read first time, passed And referred to the Judiciary Committee. Mr. Costner presented a bill No. 14-8. Read first time, passed and referred to' fbe Committee on Propositions and Grievances. Mr. Young, of Yancey, introduced a bill No. 149, in rela¬ xation to the county site of Mitchell county. iJead first time, passed and referred to the Committee on Private Bills. Mr. Bryson introduced a bill No. 150, to prevent and punish extortion. Read first time and passed. Mr. Fleming introduced a bill No. 151, to limit the produc¬ tion of cotton and tobacco. Read first time and passed. Received from the Senate a message proposing to set apart Friday, the 19th day of December, as a day to appoint mag¬ istrates, instead of to-day. To which the House agreed. Leave of absence was granted to Mr. Bumpass for 5 days ; to Mr. Person for 3 days ; to Mr. Smith for 3 days; to Mr. Russell of Craven until the 22d inst.; to Mr. Burns until Monday and to Mr. Alford until Monday. 1862-63.] HOUSE JOURNAL. 99 Mr. Joyner moved to postpone the unfinished business of yesterday until Monday next. Not agreed to. Mr. Headen moved that H. B. No. 61. concerning the production of cotton and woolen cards be printed. To which the House agreed. Mr. "Worth moved that the Revenue Bill be made the order of the daj at half past 12 o'clock on Monday and from day to day until disposed of. Mr. Rives moved to amend by saying-"Tuesday" instead of" Monday." Not agreed to. Mr. Worth's motion was then agreed to. The unfinished business of yesterday was then taken up, it being the minority report of the Committee on Military Af¬ fairs. There being no further amendments to the 1st section, the reading of the bill was continued. Mr. McKay offered an amendment to the 3d section "that the field officers (Colonel, Lieut. Colonel and Major) shall be •elected by a majority of the commissioned officers, on a day to be appointed by the Adjutant General." Mr. Waddell moved that the House resolve itself into a committee of the whole. To which the House agreed. Mr. Love in the chair. After a brief interval, the committee arose and reported the bill as before. Received from the Senate a message concurring in the proposition to raise a joint select committee on soldiers houn- ' ty Jjtnd pay. Ordered, That the committee on the part of the House Consist of Messrs. Horton, Walserand Ingram. Received from the Senate a message transmitting the fol¬ lowing enrolled bills, which were approved and signed by the Speaker: An act to change the time of holding the Courts of Pleas and Quarter Sessions in the county of Mecklenburg-; 100 HOUSE JOUKNAL. [Session An act to establish a Superior Court of Law and Equity for the county of Alleghany ; An act for the purchase of provisions ; An act to authorize the magistrates of Chatham county to levy tax for working th« roads; An act to establish the 8th Judicial Circuit, and for other purposes. An act concerning Justices of the Peace in Bladen county. An act to authorize the agent of Cherokee Lands to refund money in certain cases ; An act in reference to the salaries of Judges of the Supe¬ rior Courts. The amendment of Mr. McKay to the 3d section of the Minority Bill to raise 10,000 troops, being the matter under consideration it was agreed to. Yeas 50, Kays 34. A call for the yeas and nays being seconed by one-fifth of the memb 3rs present: Those who voted in the affirmative are: Messrs. Albritton, Bernhardt, Barringer, Beall, Beamr Berry, Brown, Bryan, Bumpass, Bynum, Carpenter, Cobb, Costner, Craig, Crawford, Davenport, Foy, Gentry, Gilliam, Greene, Grier, Hampton, Hawes, Henderson, Headen, Hod¬ ges, Ilollingsworth, Hooper, Horton, Kerner, Kirby, Logan, Long, Manning, McCormick, McKay, McBae, Nissen, Pat¬ terson, Pearce, Peebles, Keynolds, Bicharu&on, Kives, Ehodes, Bobbins, Kobinson, Buss, Bussell of Craven, Smith, Stan¬ ford, Stancill, Waddell, Wallen, Walser, "Wellborn, "Williams, "Woodall and Worth—50. Those who voted in the negative are: Messrs. Allison, Alford, Avera, Benbury> Best, Bond, Bryson, Burgin, Burns, Cowles. Davis, Dunn, Fowle, Gris- som, Harris of Cabarrus, Harris of Chatham, Harrison, Henry of Bertie, Henry of Henderson, Howard, Joyner, Keener., Laws, Lyle, Mann of Pasquotank, McAden, Parks, Perkins, Bussell of Brunswick, Shepherd, Spruill, "Watson, Young of Iredell and Young of Yancey—34. Mr. Ingram offered an amendment to the section, " that i862~'63.] HOUSE JOURNAL. 101 the Colonel, Lieut. Colonel and Major be appointed by the Governor, the Staff Officers by the Colonel, and the Surgeon by the Surgeon General." This amendment was rejected—yeas 23, nays 65. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Mesirs. Amis, Beall, Benbury, Best, Bryson, Dunn, Fowle, Grissom, Harris of Cabarrus,' Harrison, Headen, Howard, In¬ gram, Joyner, Keener, Laws, Lyle, McNeill, Russell of Brunswick, Wellborn, Woodall, and Young of Iredell—23. Those who voted in the negative are: " Messrs. Allison, Albritton, Afford, Barringer, Beam, Berry, Brown, Bryan, Burns, Bynum, Carpenter, Carson, Cobb, Costner, Cowles, Crawford, Davenport, Fleming, Foy, Gen¬ try, Gilliam, Glenn, Greene, Grier, Hampton, Harris of Chat¬ ham, Hawes, Hodges, Hollingsworth, Hooper, Horton, Ker¬ nel', Kirby, Lemmonds, Logan, Long, Mann of Pasquotank, Manning, McCormick, McKay, McRae, Parks, Patterson, Pearce, Peebles, Reynolds, Richardson, Riddick, Rives, Rhodes, Bobbins, Robinson, Russ, Russell of Craven, Shep¬ herd, Smith, Stanford, Stancill, "Waddell, Wallen, Walser, Watson, Williams Worth and Young of Yancey—65. Mr. Fowle offered an amendment that the company and field officers be elected by the rank and'file, and the staff ap¬ pointed by the Colonel. Pending its consideration, the hour arrived for the election of Judge for the 7th Judicial Circuit, and Messrs. Long and Howard were appointed to superintend the election. Mr. Keener withdrew the name of Mr. Shipp. The House then proceeded to vote. Mr. Walser moved to reconsider the vote by which Mr. McKay's amendment was adopted. Agreed to—yeas 57, nays 43. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : 102 HOUSE JOURNAL. [Session Messrs. Allison, Amis, A vera, Bernhardt, Beall, Benbury, Best, Bond,, Bryson, Burgin, Carpenter, Cowles, Craig, Dunn, Flynt, Fowle, Gentry, Glenn, Greene, Grissom, Hampton, Harrison,. Henry of Bertie, Henry of Henderson, Headen, Howard, Horton, Ingram, Joyner, Keener, Kelly, Kerner, Laws, Lyle, Mann of Pasquotank, McAden, McCormiek, Mc¬ Neill, Nissen, Parks, Patterson, Perkins, Richardson, Riddick, Bobbins, Russell of Brunswick, Shober, Smith, Spruill, Wal- len, Walser, Watson, Wellborn, Woodall, Worth, Young of Iredell, and Young of Yancey—57. Those who voted in the negative are: Messrs. Albritton, Beam, Brown, Bryan, Bumpass, Burns, Bynura, Cobb, Costner, Crawford, Davenport, Davis, Flem¬ ing, Foy, Gilliam, Grier, Harris of Cabarrus, Harris of Chat¬ ham, Hawes, Hodges, Hooper, Judkins, Kirby, Lemmonds, Logan, Long, Love, Manning, McKay, McRae, Pearce, Pee¬ bles, Reynolds, Rives, Rhodes, Robinson, Russ, Russell' of Craven, Stanford, Stancill and Williams—13. The question then being upon the adoption of Mr. McKay's amendment, he accepted the amendment offered by Mr. Fowle. Mr. Long, from the committee to superintend the election of Judge, reported that the whole number of votes was 144, necessary to a choice 73, of which Mr. Mitchell received 64, Mr. Gaither 41, Mr. Lenoir 56 and Mr. Shipp 3. No one having received the necessary number of votes, there is no election. The hour having arrived for the election of Solicitor for the 7th Judicial Circuit, Messrs. McNeill and Green were ap¬ pointed to superintend the election. Mr. Burgin /vithdrew the name of Mr. Hyman, and the House proceeded to vote as follows: Those who voted for Mr. Bynum arc: Messrs. Allison, Amis, Barringer, Beam, Benbury, Best, Brown, Bryan, Bryson, Bumpass, Burgin, Burns, Bynum, Carpenter, Cobb, Costner, Cowles, Crawford, Davenport, Davis, Fleming, Flynt, Fowle, Foy, Gentry, Gilliam, Glenn, 18G2-'63.] HOUSE JQUENAL. 103 Greene, Grier, Hampton, Harris of Cabarrus, Harris of Ghat- ham, Harrison, Hawes, Henderson, Henry of Henderson,' Headen, Hodges, Hollingsworth, Hooper, Howard, Judkins, Keener, Kerner, Kirby, Lemmonds, Logan, Long, Love, Lyle, Mann of Pasquotank, Manning, McCormick,McKay, McNeill, McEae, Nissen, Pearce, Peebles, Eeynolds, Eichardson, Eivds, Eliodes, Eobinson, Euss, Knssell of Craven, Shepherd, •Spruill, Stanford, Stanch), Waddell, Wallen and Williams—73. Those who voted for Mr. Caldwell are: Messrs. Speaker, Albritton, Avera, Bernhardt, Beall, Berry, Bond, Dunn, Grissom, Horton, Ingram, Joyner, Kelly, Laws, McAden, Parks, Patterson, Perkins, Bobbins, Bussell of Brunswick, Shober, Smith, Walser, Watson, Wellborn, Wood-t all, Worth, Young of Iredell, and Young of Yancey—29. , Eeceived from the Senate a message proposing to go imme¬ diately into an election of Judge of the 7th Circuit, and stating that Mr. W. M. Shipp had been put in nomination* Agreed to. Ordered', That Messrs. Pearce and Grier constitute our part of the committee to superintend the election. The House proceeded to vote. Those who voted for Mr. Shipp are: Messrs. Speaker, Amis, Barringer, Benbury, Brown, Bryan, Brvson, Bmnpass, Burgin, Burns, Cobb, Costner, Craig, Craw¬ ford, Davenport, Davis, Flynt, Fowle, Foy, Gentry, Grissom, Harris of Cabarrus, Harris of Chatham, Hawes, Henry of Henderson, Hooper, Horton, Joyner, Keener, Kerner, Kirby, Laws, Logan, Love, Lyle, McCormick, McEae, Nissan, Patter¬ son, Pearce, Peebles, Eichardson, Euss, Eussell of Craven, Shepherd, Spruill, Stanford, Waddell, Wallen, Williams and Young of Yancey—51. Those who voted for Mr. Mitchell are \ Messrs. Allison, Albritton, Avera, Bernhardt, Berry, Best, Cowles, Dunn, Fleming, Gilliam, Glenn, Greene, Hampton, Harrison, Headen, Hollingsworth, Howard, Judkins, Kelly, Long, Mann of Pasquotank, McAden, McKay, McNeill, Per¬ kins, Eiddick, Bives, Bobbins, Eobinson, Eussell of Bruns- 104 HOUSE JOURNAL. [Session wick, Shober, Smith, Walser, Watson, Wellborn, Woodall, Worth and Young of Iredell—37. Those who voted for Mr. Gaither are : Messrs. Beall, Beam, Carpenter and Parks—4. Those who voted for Mr. Lenoir are : Messrs. Bynum,Grier, Henderson, Hodges, Manning, Rey¬ nolds, Rhodes and Stancill—8. On motion, the House adjourned until to-morrow 11 oTelock, SATURDAY, December 13, 1862. Mr. W. M. Carter, the member elect from Beaufort county, appeared, exhibted his credentials, and was qualified in ac¬ cording to law. Mr. Henry of Henderson, presented a memorial from citi¬ zens of Henderson county, asking tiiat civil causes be re¬ stored in the courts of that county, and introduced a bill, Ho. 157, to restore the suits, on civil process in the courts of Henderson county. Read first time, and passed. Mr. Shepherd, from the Committee on Einance, reported favorably H. B. Ho. 34, in reference to the liabilities of Sheriffs. Mr. Burgin, from the Committee on Claims, repoi ted fa¬ vorably H. B. Ho. 152, in favor of the County Court Clerk of Harnett; also, favorably II. R, Ho. 139, in favor of T. E. and C. M. Skinner; also favorably H. R. Ho. 104, in favor of Theo. II. Hill. Mr. Grissom moved that the rules be suspended, and the resolution in favor of Theo. H. Hill be put on its several readings. Agreed to, and the resolution passed its second and third readings. On motion of Mr. McKay, the rules were suspended, and the resolution in favor of the Clerk of the County Court of 'Harnett passed its second and third readings. X862-'63.] HOUSE JOURNAL. 105 Mr. Watson, from the Committee on Claims, reported ad¬ versely to II. B. No. 155, in favor of Caldwell county, Received from the Senate a message, transmitting the re¬ port of the Commissioners of the Sinking Fund, with a pro¬ position to print. Agreed to. Mr. Allison, from the Committee on Propositions and Grievances, reported adversely II. B. No. 132, to incorporate Daniel's Creek Church, in Lincoln county. Mr. Costner, from the select committee concerning high charges on Railroads, submitted a report with a resolution. Mr. Shepherd introduced a resolution, inquiring of the Comptroller when his report will be before the Legislature. Agreed to. Mr. McNeill, from the committee to superintend the elec¬ tion of Solicitor for the 7th Circuit, reported the whole num¬ ber of votes cast as 116, necessary to a choice 71, of which Wm. P. Bynum received 101, Tod. R. Caldwell 37, and Jnof D. Hyman 5. Mr. McRae introduced resolutions concerning the substi¬ tution of free negro for slave labor on our coast fortifications. Read first time and passed, and the rules being suspended, passed their second and third readings, being amended on motion of Mr. Waddell, to include all the counties of the State. Mr. Shepherd introduced a resolution to provide for the payment of the expenses of the commission to Richmond. Read first time and passed. Mr. Peebles presented a bill, No. 158, for the relief of Vm. E. Mann, late sheriff of Pasquotank. Mr. Walser introduced a bill, No. 161, to incorporate the Silver Lead Mining Company. Read first time, passed, and referred' to the Committee on Propositions and Grievances. Mr. Bobbins introduced "a bill, No. 162, to incorporate the Randolph Manufacturing Company. Read first time, passed, and referred to the Committee on Private Bills. Mr. Stanford introduced a bill, No. 163, for an extra term of Superior Court for Duplin county. Read first time, passed, and referred to the Judiciary Committee. 106 HOUSE JOURNAL. [Session Mr. Horton presented a bill, No. 16J, to authorize the sheriff of Watauga county to collect arrears of taxes. Read first time, passed, and referred to the Committee on Private Bills. Mr. Young of Yancey, presented a bill for the relief of the sureties of W. W. Proftitt. Read first time, passed, and referred to the Committee on Private Bills. Mr. Shepherd introduced a bill to incorporate the N. C. Presbyterian Printing Establishment. Read first time and passed. IK; Received from the Senate a message, transmitting the fol¬ lowing engrossed bills and resolutions: A resolution instructing our Senators, and requesting our Representatives in Congress to urge the repeal of a certain clause of the Military Exemption Act of the Confederate Congress. Read first time and passed. A bill to construct a Railroad from Dallas, in Gaston coun- ty, by way of Lincolnton, to Newton. Read first time and passed, and the rules being suspended, passed its second and third readings. A bill to amend the charter of the Bank of Lexington, and to establish the Bank of Graham. Passed first reading, and under a suspension of the rules, passed its second and third readings. A bill to amend an act entitled " Militia Bill, ratified Sep¬ tember 20th, 1861." Read first time and passed. A bill to establish the Bank of Lincolnton. Read first time and passed. A bill amendatory of an act to incorporate the Bank of Western North-Carolina. Read first time, passed, and was then passed its second and third readings. A bill for the benefit of Justices of the Peace, refugees from their counties. Read first time and passed. A bill to change the place of comparing thev polls in the 44tli Senatorial District. A bill to incorporate the town of Marion. 1862-'63.] HOUSE JOURNAL. 107 Mr. Worth asked leave to present a report from the Com¬ mittee on- Finance, accompanied by a bill, No. 174, to au¬ thorize the issue of more treasury notes. Read first time, passed, and ordered to be printed. Mr. Fleming introduced a resolution guaranteeing North- Carolina's part of the Confederate State's debt. Read first time, passed, and ordered to be printed. The following bills were then taken up and passed their second and third readings: H. R., 141, resolution in favor of Solomon Pool; H. B., 108, a bill to perfect certain grants; H. R., 143, resolution in favor of S. S. Hicks; II. B., 128, a bill to provide for the better management of the Western Turnpike; II. B., 82, a bill to alter the line between Jackson and Transyvania counties; II. R., 96, a resolution in favor of M. L. Brittain; H. R., 105, a resolution in favor of Oscar J. Johnston; H. R., 122, a resolution in favor of W. W. Long; H. R., 139, a resolution in favor of T. E. and C. M. Skin¬ ner, Jr.; H. B., 86, a bill for the better administration of justice in Onslow county, was indefinitely postponed ; II. R., No. 37, a resolution in favor of W. H. Bryson, pass¬ ed its third reading; Also, H. B., 42, in favor of Thos. J. Carr, late Sheriff of Duplin, passed its third reading. On motion of Mr. Amis, the rules were suspended, and the bill to incorporate the N. C. Presbyterian Printing Establish¬ ment was passed its second and third readings. Mr. Pearce from the committee to superintend the election or Judge, reported that the whole number of votes cast was 142, necessary to a choice 72, of which W. M. Shipp had re¬ ceived 88, A. Mitchell 43, B. S. Gaither 3, and W. W. Lenoir 8 votes. Mr. Shipp is therefore duly elected. Leave of absence was granted to Mr. Perkins until Thurs¬ day next. 108 HOUSE JOURNAL. [Session Received from the Senate a message transmitting an en¬ grossed bill supplementary to an act passed at the present session of the General Assembly, and ratified on the 9th day of December, 1862, entitled " An act to amend the ordinance of the Convention to make some provision for the families of soldiers dying in the service." Read first time, passed, and the rules being suspended, passed its second and third readings. The House adjourned until Monday 10 o'clock. MONDAY, Decehbek 15, 1862. Received from the Governor a message transmitting a com¬ munication from the Comptroller, stating that his annual re¬ port is in the hands of the printer, but owing to the large quantity of matter in the hands of that officer, it will not be ready for nearly two weeks. Mr. Bryson presented a memorial from citizens of Cherokee, asking for the appointment of a county distiller. Referred to the Committee on Propositions and Grievances. Mr. Young of Yancey, presented a petition from citizens of Mitchell county, asking for a change of the county site. Referred to the Committee on Private Bills. Mr. Patterson from the Committee on Propositions and Grievances, reported adversely, II. B., 156, in favor of P. 0. Hargrave and others. Mr. Harris, of Cabarrus, introduced a resolution in favor of John O. Wallis. Read first time, passed, and referred to the Committee on Propositions and Grievances. Mr. "Waddell presented a bill to transfer the State's inter¬ est in the Deep River Navigation Works, to individual stock¬ holders. Read first time, p>assed, and referred to Committee on Internal Improvements. Mr. Shepherd introduced a bill to authorize the incorpor¬ ated towns of the State to lay additional taxes. Read first 3 862—'63.3 IIOUSE' JOURNAL. 109 time, passed, and referred to the Committee on Propositions and Grievances. Mr. Nissen introduced a bill (180) to authorize the Public Treasurer to repay the bount^ of soldiers discharged under the Conscript act, also that withheld. Read first time passed and referred to Committee on Claims. The unfinished business was then taken up, the question being on the amendment offered by Mr. Fowle, and accepted by Mr. McKay. It was agreed to, yeas 71, nays 5. A call for the yeas and nays being seconded by one-fifth of the members present: Those who voted in the affirmative are, Messrs. Allison, Bernhardt, Barringer, Beall, Beam, Berry,. Brown, Bryan, Bryson, Burgin, Carpenter, Costner, Cowles, Crawford, Fleming, Flynt, Foy, Gentry, Gilliam, Glenn,, Greene, Grier, Grissom, Hampton, Harris of Cabarrus, Ilawes, Henry of Henderson, Headen, Hollingsworth, Hooper, How¬ ard, Horton, Ingram, Judkins, Keener, Kelly, Kerner, Kirby, Lemmonds, Logan, Long, Love, Lyle, Mann of Pasquotank, Manning, McAden, McConnick, McKay, McNeill, McRae, Nissen, Patterson, Peebles, Reynolds, Richardson, Riddick, Rhodes, Robbins, Robinson, Rnss, Russell of Brunswick, Shober, Stancill, Waddell, Wallen, Walser, Wellborn, Wood- all, Worth, Young of Iredell and Yoflng of Yancey—71. Those who voted in the negative are, Messrs. Amis, Burns, Carter, Henderson and Shepherd—5. Mr. Flemming offered an amendment to the 4th section to strike out " one year " and insert " three years of the war." Accepted by Mr. Grissom for the minority. No further amendments being offered, the reading of the bill was finished and the question was upon the minority substi¬ tute to the bill of the majcrPy of the Military Committee. Mr. Waddell offered a preamble to the minority bill as follows: Whekeas, Heretofore an act was passed by the General Assembly of North-Carolina, at its sessions of 18C0-'61, authorizing the Governor of the State to accept of volunteers 110 HOUSE JOURNAL. [Session for State service, and whereas the raising of said volunteers was not carried into effect at the time of the passage of said law, and whereas this Legislature in the passage of the follow¬ ing Military Bill now under consideration, desire to be under¬ stood as offering no impediment to the operation of the Con¬ scription Act of Congress, and disclaiming any intention to throw itself in conflict with the President of the Confeder¬ ate States or the authorities at Richmond, but simply to carry out the provision of an act of the General Assembly, by which a state force shall be organized. After some consideration, Mr. Waddell withdrew the preamble. Mr. Pleming then offered it as his. The ques¬ tion being upon its adoption, it was rejected, yeas 41, nays 44. A call for the yeas and nays being seconded by one-fifth of the member's present: Those who voted in the affirmative are, Messrs. Amis, Bernhardt, Barringer, Beall, Beam, Bizzell, Brown, Bryan, Costner, Davenport, Fleming, Foy, Gentry, Gilliam, Grier, Hampton, Harris of Cabarrus, Hawes, Hen¬ derson, Headen, Hooper, Howard, Jndkins, Kirby, Lem- monds, Logan, Long, Love, Manning, McKay, McNeill, McRae, Peebles, Reynolds, Rhodes, Robinson, Russ, Shep¬ herd, Spruill, Stancill and Waddell—41. Those who voted in the negative are, Messrs. Allison, Alford, Benbury Berry, Burgin, Burns, Carpenter, Carter, Cowles, Craig, Flynt, Glenn, Greene, Grissom, Henry of Bertie, Henry of Henderson, Horton, Jenkins, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCormick, Nissen, Parks, Patterson, Pearce, Richardson, Riddick, Robbing, Russell of Brunswick, Shober, Smith, Wallen, Walser, Wellborn, Wood- all, Worth, Young of Iredell and Young of Yancey—44. Mr. Russell, of Brunswick, offered an amendment as an additional section as follows: Sec. 5. Be it further enacted, In case the three artillery companies raised for the defence of the town of Wilmington, by an ordinance of the Convention ratified February 15th, 1862-'63.] nOUSE JOURNAL. Ill A. D. 1862, shall be discharged by the Governor daring the war, or transferred by him, the said artillery companies' shall be received into service under the provisions of this act, and shall form a part of the State reserves, it being allowed and declared hereby that the rank and file in the said companies shall choose the regiment or regiments to which they are to be attached, and all snch parts of the said ordinance as are contrary to the provisions of this act are hereby repealed. Which was agreed to, Mr. Richardson offered an amendment to the 1st section as follows : And if after the 1st of February, 1863, the required 10,000 have not come forward and volunteered, then the Governor shall be authorized to raise by draft or otherwise a number sufficient to make the required number of 10,000 men, from Justices of the Peace, Militia officers, not otherwise exempt, except the Colonel or commanding officer of each regiment of the Militia, Captain or commanding officer of each com¬ pany, in case there be no commissioned officer forty-five years of age, but if there be one, he only shall be exempttd. Not agreed to—yeas 11, nays 69. A call for the yeas and nays being seconded by one-fifth of the members present. * Those who voted in the affirmative are : Messrs. Beam, Carter, Davenport, Hawes, Ingram,JLogan, Love, McAden, Richardson and Russ—11. Those who voted in the negative are : Messrs. Speaker, Allison, Afford, Amis, Avera, Bernhardt, Barringer, Benbury, Berry, Bizzell, Brown, Bryan, Bryson, Burgin, Carpenter, Costner, Cowles, Craig, Davis, Fleming, Flynt, Gentry, Glenn, Greene, Grier, Grissom, Hampton, Harris of Cabarrus, Harrison, Henderson, Henry of Bertie, Henry of Henderson, Headen, Hooper, Howard, Horton, Jenkins, Judkins, Keener, Kelly, Kerner, Laws, Long, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McCormick, McNeill, McRae, Nissen, Parks, Patterson, Pearce, Peebles, Riddick, Rhodes, liobbins, Robinson, Russell of Brunswick, 112 HOUSE JOURNAL. [Session Smith, Stanqill, Waddell, Wallen, Walser, Wellborn, "Woo J all, Worth, Young of Iredell, and Young of Yancey—69. The question then recurred upon the substitution of the Minority for the Majority Report, and was agreed to—yeas 54, nays 33. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are: Messrs. Speaker, Allison, Alford, Amis, Barringer, Benbury, Berry, Bryson, Burgin, Burns, Carpenter, Cowles, Craig, Flynt, Gentry, Glenn, Greene, Grissom, Hampton, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth, How¬ ard, Horton, Ingram, Jenkins, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, Mc- Cormick, McKay, McNeill, McRae, NLsen, Parks, Patterson, Richardson, Riddick, Robbins, Russell of Brunswick, Smith, Waddell, Wallen, Walser, Wellborn, Woodall, Worth, Young of Iredell, and Young of Yancey—54. Those who voted in the negative are ; Messrs. Bernhardt, Beall, Beam, Brown, Bryan, Carter, Costner, Davenport, Fleming, Foy, Gilliam, Grier Harris of Cabarrus, Hawes, Henderson, Hooper, Judkins, Kirby, Lem- monds, Logan, Long, Love, Manning, Pearce, Peebles, Rey¬ nolds, Rhodes, Robinson, Russ, Shepherd, Shober, Spruili and Stancill—33. The question then being upon the passage of the bill as amended, its 2nd reading it was passed by yeas 48, nays 35.. A call for the yeas and nays being seconded by one-fifth, of the members present. Those who voted in the affirmative are : Messrs. Allison, Alford, Benbury, Berry, Burgin, Burns, Carpenter, Cowles, Craig, Flynt, Glenn, Greene, Grissom,. Hampton, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth, nowaitl, Ingram, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCormick, McKay, McNeill, McRae, Nissen, Parks, Patter¬ son, Richardson, Riddick, Robbins, Russell of Brunswick, 1862-63.] HOUSE JOURNAL. 113 Smith, Waddell, Wallen, Walser, "Wellborn, Woodall, Worth, Young of Iredell, and Young of Yancey—48. Those who voted in the negative are: Messrs. Bernhardt, Barringer, Beall, Beam, Bizzell, Brown, Bryan, Bryson, Carter, Costner, Davenport, Fleming, Foy, G-illiam, Grier, Harris of Cabarrus, Hawes, Henderson, Hoop¬ er, Judkins, Kirby, Lemmonds, Logan, Long, Love, Manning, Pearce, Peebles, Reynolds, Rhodes, Robinson, Kuss, Shep¬ herd, Shober and Spruill—35. Mr. Grissom moved to suspend the rules and1 put the* bill upon its third reading. Received from the Governor a message transmitting the statement of the Bank of Wadesborough. Sent to the Senate with proposition to print. The hour of 2 o'clock having arrived,' the House took a recess to 7 o'clock. Night Session—MONDAY, December 15, 1862. The Speaker stated that the business for consideration was the motion of Mr. Grissom to suspend the rules so as to put the Military Bill upon its third reading. Mr. Grissom withdrew the motion to suspend the rules, and moved that the bill be made the special order for to¬ morrow at 11 o'clock. To which the Hou^e agreed: H. B. No. 19, to authorise the Literary Board to elect a Treasurer was read the third time -.and passed. Yeas 46, nays 31. A call for the yeas and nays ..being seconded by one-fifth of the members present: ' Those who voted in the affirmative are, Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Beall, Beam, Bcnbury, Bizzell, Bryan, Bryson, Burgin, Carpenter, Carter, Costner, Flynt, Glenn, Grissom, Harrison, Henderson, Henry of Bertie, Henry of Henderson, Hollingsworth, '8 " 114 HOUSE JOURNAL. [Session Hooper, Judkins, Keener, Kelly, Long, Lyle, Matin of Hyde, Mann of Pasquotank, Manning, McAden, McCormick, Mc¬ Neill, Parks, Robbins, Russell of Brunswick, Shepherd, Sho- ber, Smith, Spruill, Wallen, Wellborn, Woodall and Young of Iredell—46. Those who voted in the negative are, Messrs. Berry, Brown, Burns, Cowles, Davenport, Davis, Gentry, Greene, Grier, Harris of Cabarrus, Headen, Howard, Horton, Ingram, Kerner, Kirby, Logan, McKay, McRae, Nissen, Patterson, Peebles, Reynolds, Richardson, Rhodes, Robinson, Buss, Stancill, Waddell, Walser and Young of Yancey—31. H. B. No. 86, a bill concerning the Public Roads was passed its third reading. The following bills were read, and under a suspension of the rules, passed their second and third readings. H. B. No. 89, ^o amend the charter of the Atlantic, Ten¬ nessee and Ohio Railroad Company. H. B. No. 140, resolutions on printing the Governor's In¬ augural Address. H. B. No. 173, to charter the Bank of Lineolnton. Mr. McAden moved to strike out the words " or its equiv¬ alent." To which the House agreed. The bill then passed its second reading, and the rules being suspended, was put on its third reading. Mr. McAden offered an amendment " that the Bank shall not issue any bill, note or certificate of deposit until after the ratification of a treaty of peace between the Confederate States and the United States." Which was rejected. The bill then passed its third reading. H. 13. 170, for the benefit of the Justices of the Peace, refugees from their counties. H. B. 172, to change the place of comparing polls in the 44th Senatorial District. H. B. 169, to amend an act, entitled Militia Bill, ratified 20th day of September, 1861. 1862-63J HOUSE JOURNAL, H. B* 08, to amend the charter of- the. (jrreenyille^ and. French Broad Railroad Company, was takep.up and.rejected, H. B. 63, to admit proof of hapd^riting of. attesting wit¬ nesses in certain, cases. Amendments of, the committee agreed to, H. R. 68, to.mpdify the act entitled an act to change.the jurisdiction of the courts, and to, alter the rules of pleading therein. Mr. Qowles moved to lay tfipffilh on, the table,, which was agreed to—yeas 46, nays 33, A call for the yeas and naye- being seconded by one-fifth of the members present: Those who voted in the affirmative are, Messrs. Bernhardt, Barringer, Beam, Berry, Bryan, Brysos, Carpenter, Cowles, Craig, Davis, Flynt, Gentry, Greene, Grier, Hampton, Harrison, Hawes, Henderson, Henry of Bertie, Headen, Hollings.worth, Horton, Ingram, Judkins Kerner, Kir by, Long, McCormick, McKay, McNeill, McRae, Nissen, Patterson, Pearce, Peebles, Reynolds, Riddick, Rhodes, Robinson, Russ, Spruill, Waddell, Wallen, Walser, Welborn and Young of Yancey—46. Those who voted in the negative are, Messrs. Allison, Amis, A vera, Bpall, Bizzell, Brown, Bur- gin, Burns, Carter, Costner, Davenport, Glenn, Harris of Ca¬ barrus, Henry of Henderson, Howard, Keener, Felly, Lo¬ gan, Lyle, Mann of Pasquotank, Manning, McAden, Parks, Richardson, Robbins,, Russ.ell of Brunswick, Shepherd, Sho- ber, Smith, Stancill, Woodall, "Worth and Young of Ire¬ dell— 33. Mr. McCormick moved to reconsider the. vote by which the bill to amend-the charter; of the, Greenville and,French Broad Railroad Qompany was rejected. To which the. House agreed. The bill then passed .its second reading—yeas 32, nays 31. Mr. Fleming moved, that ip be rercomqiitted to the Com¬ mittee on Internal Improvements. To which the. House agreed. 116 HOUSE JOURNAL. [Session H. B. No. 129, to amend the charter of the Qheraw and and Coalfields Railroad Company. Passed its second and third readings. H. B. No. 69, to amend an act entitled an act to enlarge the powers of County Courts for raising revenue. Mr. Shepherd offered an amendment as follows: " and in the proper relative proportion between State and County taxes." Agreed to. The bill then passed its second reading. The House then adjourned until to-morrow 10 o'clock. TUESDAY, December 16,1862. Orderectj That our part ©f the Committee on Enrolled Bills, Consist of Messrs. Avera, Afford, "Wallen, Costuer and Grier. Mr. Allison from the Committee on Propositions and Griev¬ ances, reported favorably H. B. 157, to re-establish civil suits In the county of Henderson. (Mr. Costner from the same, reported favorably H. B. 158, for the relief of Win. E. Mann, late sheriff of Pasquotank. Mr. Keener from the same, reported favorably H. B. No. 161, to incorporate the Silver Lead Mining Company. Mr. Walser from the same, reported favorably H. B. No. 179, a bill to enable the incorporated towns of this State, to lay additional taxes. Mr. Bernhardt from the same, asked to be discharged from the further consideration of the petition of citizens of Chero¬ kee, for a county distiller. Mr. Cowles from the Committee on Private Bills, reported favorably with amendments, H. B. No. 162, to incorporate the Randolph Manufacturing Company. Also, favorably H. B. No. 165, a bill for tbe relief of the sureties of W. W. Prof- fitt. Also, favorably n. B. No. 149, concerning the county site of Mitchell county. Mr. Kirby from the same, reported favorably H. B. No. 1862-63.} HOUSE JOURNAL. 117 137, to incorporate the "Western N. C. Copper, Gold Mining Company, with an amendment. Mr. McRae from the Committee on Propositions and Griev¬ ances, reported H. B. No. 201, in favor of W. H. Allen. Mr. Burgin from the Committee on Claims, reported favor¬ ably H. B. No. 131, a resolution in favor of C. P. Bryson, with an amendment. Also, favorably with amendments H. B. No. 151, in favor of Motley and Bowers. By request of Mr. Harris, of Cabarrus, the reference of H. B. No. 177, was changed from the Committee on Proposi¬ tions and Grievances, to that on Claims. By request of Mr. Fleming the reference of H. B. 150, was, changed from the Judiciary Committee to the Select Com¬ mittee on Extortion. Mr. Russell, of Brunswick, introduced a resolution No. 181, in favor of Rufus Galloway, and his sureties. Read first time, passed and referred to the Committee on Propositions and Grievances. Mr. Russ presented a bill 182, in favor of the sureties of John S. Willis. Read first time, passed and referred to the Committee on Claims. Mr. Russ introduced a bill No. 183, concerning sheriffs, and their sureties. Read first time, passed and referred to the Committee on Judiciary. Mr. Burgin presented a resolution 181, in favor of R. Y. Blackstock. Read first time, passed and referred to the Com¬ mittee on Claims. Mr. Burgin presented a resolution 185, in favor of J. R. Davis. Read first time, passed and referred to the Commit¬ tee on Claims. Mr. Burgin presented a resolution 186, in favor of R. Y. Blackstock. Read first time, passed and referred to the Com¬ mittee on Claims. Mr. Hampton presented a resolution in favor of E. M. Well¬ born. Read first time, passed and referred to the Committee on Claims. Mr. Fleming presented a resolution 188, in favor of Capt. ii§ SOTJSE JOURNAL [Session W-. B. Clements' cavalry'company. Bead first time, passed, and referred to the Committee on Claims* -Mr. Peebles, a resolution 189, in favor of W. "W". Happer. Bead first time, passed, and referred to the Committee on Claims. Mr. Waddell, a resolution 190, in favor L. J. Haughton and J.'C. Hooker. H. B. Ho. 6, to amend an act entitled " An act to enlarge* thfe powers of the county courts for raising a revenue for "county purposes," was passed its third reading. H. B. 51, to extend the time of perfecting titles to land, heretofore entered, was passed its second reading. Mr. Horton moved to suspend the rules and put the bill on its third reading. Not agreed to. Received from His Excellency, the Governor, a message transmitting the report of the Trustees of the University. Mr. McAden moved that a message be sent to the Senate transmitting the documents with a proposition to print. To which the House agreed. Received from the Senate a message trausmitting the fol¬ lowing engrossed bills, which were read the first time and passed: S. B. 191, to pay the officers and privates of Capt. J. "VV. F. Bank's company for their services. S. B. 192, in favor of the sureties of W. D. Humphrey, late Sheriff of Onslow county. S. B. 193, in favor of Jas. M. Neal. ■ S. B. 194, for the relief of Landlords. S. B. 195, to amend the Charter of the N. C. Powder Man¬ ufacturing Company. S. B. 196, to prevent the harboring of Deserters, and re¬ sisting their arrest. S. B. 197, to amend the 102d chapter of Revised Code, entitled "Salaries and Pees." Mr. Mann, of Pasquotank, moved(to suspend the rules and put this bill upon its several readings. Not agreed to. 1862-63.] HOUSE JOURNAL. 119 S. B.198, concerning the Courts of Pleas and Quarter Ses¬ sions of Franklin county. S. B. 199, concerning insane persons. The special order was then taken up, it being the passage of the Military Bill, as amended on its third reading. Mr. Amis offered an amendment, as follows : Add at end of section 1st: " Provided, That persons under forty years of age who are liable to conscription, shall not be accepted as part of the force, herein provided for, unless the President shall agree to suspend in this State the further ex¬ ecution of the Conscript Law." Which was not agreed to—yeas 3T, nays 49. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are, . Messrs. Amis, Bernhardt, Barringer, Beall, Brown, Bryan., Burgin, Burns, Carter, Davenport, Davis, Fleming, Gentry, Gilliam, Grier,'Hampton, Harris of Cabarrus, Hawes, Hen¬ derson, Horton, Judkins, Kirby, Lemmonds, Logan, Long, Love, Manning, McKay, Peebles, Person, Reynolds, Rhodes, Robinson, Russ, Shepherd, Shober, Spruill, Stancill and Wal- len—37. Those who voted in the negative are, Messrs. Allison, Alford, Avera, Benbury, Berry, Bizzell, Bryson, Carpenter, Cowles, Craig, Glenn, Greene, Grissom, Harrison, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth, Hooper, Howard, Ingram, Jenkins, Keener, Kelly, Kerner, Laws, Lyle, Mann of Pasquotank, McAden, McNeill, McRae, Nissen, Parks, Patterson, Pearce, Richard¬ son, Riddick, Robbins, Russell of Brunswick, Smith, Wad- dell, Walser, Wellborn, Woodall, Worth, Young of Iredell, and Young of Yancey—49. The bill then passed its 3d reading, yeas 53, nays 36. A call for the yeas and nays being seconded by one-fifth of the members present: Those who voted in the affirmative are, Messrs. Allison, Alford Avera, Barringer, Benbury, Berry, 120 HOUSE JOURNAL. [Session Burgin, Burns, Carpenter, Cowles, Craig, Flynt, Gentry,. Glenn, Greene, Grissom, Hampton, Harrison, Henry of Ber- tie, Henry of Henderson, Ileaden, Hollingsworth, Howard,. Iforton, Ingram, Jenkins, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, Mc- Cormick, McKay, McNeill, McRae, Nissen, Parks, Patter¬ son, Richardson Riddick, Bobbins, Russell of Brunswick, Wadd ell, Wallen, Walser, Wellborn, Woodall, Worth, Young of Iredell and Young of Yancey—35. Those who voted in the negative are, 'Messrs. Amis, Bernhardt, Beall, Beam, Bizzell, Brown, Bryan, Bryson, Carter, Costner, Davenport, Davis, Fleming, Gilliam, Grier, Harris of Cabarrus, Hawes, Henderson, Hooper, Judkins, Kirby, Lemmonds, Logan, Love, Manning, Pearce, Peebles, Person, Reynolds, Rhodes, Robinson, Shep¬ herd, Shober, Smith, Spruill and Stancill—36. Received from His Excellency the Governor a message transmitting a communication from the Public Treasurer. Referred to the Committee on Finance. The special order was then taken up, it being the resolu¬ tions from the Senate declaring the offices of Adjutant Gen¬ eral, Attorney General, and Solicitor for the 4th Judicial Circuit vacant. A division of the question being called for, the resolutions Weire put separately. The question being upon the first resolution declaring the office of Adjutant General vacant, it was agreed to—yeas 64, nays 16. A call for the yeas and nays being seconded1 by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- ger, Beall, Benbury, Berry, Bizzell, Bryan, Bryson, Burgin, Burns, Carpenter, Carter, Cowles, Craig, Flynt, Gentry, Glenn, Greene, Hampton, Harris of Cabarrus, Harrison, Henry of Bertie, Henry of Henderson, Headen, Hollings¬ worth, Howard, Horton, Ingram, Jenkins Keener, Kelly, 1862-63.] HOUSE JOURNAL. 121 Kerner, Laws, Long, Lyle, Mann of Hyde, McAden, McCor- mick, McNeill, McRae, Nissen, Parks, Patterson, Pearce, Richardson, Riddick, Rhodes, Robbins, Russell of Brunswick, Shepherd, Shober, Smith, S.pruill, Waddell, Wallen, Walser, Wellborn, Woodall, Young of Iredell and Young of Yan¬ cey—64. Those who voted in the negative are; Messrs. Brown, Crawford, Pleming, Gilliam, Grier, Hen¬ derson, Hooper, Judkins, Lemmonds, Logan, Love, Man¬ ning, Peebles, Person, Robinson and Stancill—16. The question then being upon the second resolution, declar¬ ing the office of Attorney General vacant, it was agreed to. The yeas and nays were called for, but one-fifth of the House did not second the call. The third resolution, declaring the office of Solicitor for the 4th Circuit vacant, was then agreed to. A motion calling for the yeas and nays was not seconded by one-fifth of the members present. Mr. McAden moved that the rules be suspended, and the resolutions be put on their third reading. To which the House agreed. The resolutions were then read the third time and passed. II. B. 38, to abolish the office of Snpeintendent of Com¬ mon Schools was indefinitely postponed. H. B. 67, to make capital punishment private, was laid on the table. Leave <>f absence was granted to Mr. Gilliam from and after to-day, until the 22d, and to Mr. Stancill for the same time. The House then took a recess until 7 o'clock. Night Session—TUESDAY, Decembeb 16, 1862. Mr. Waddell asked leave to introduce a resolution. Leave granted, and he introduced a resolution as follows: Jiesohedy That the Speakers of the two Houses of this Gen- 122 HOUSE JOURNAL, [Session eral Assembly close the present session on Monday morning, the 22nd inst., at 5 o'clock A. M., by adjourning their respect¬ ive Houses until 11 o'clock A, M. of January 20th A. D. 1863. "Which was agreed to. H. B. No. 48, to charter the Unakoa and Hiawassee Turn¬ pike Company, was passed its second reading, and under a suspension of the rules, passed its third reading. Mr. Shepherd moved a reconsideration of the vote upon Mr. "Waddell's resolution. To which the House agreed. Mr. Peebles offered an amendment to strike out " January 20th " and insert the "1st Monday in February." Mr. Amis moved to amend the amendment by saying " 1st Monday in June." Accepted. The amendment was then rejected. Mr. Cowles moved to amend the resolution by inserting " January 25tli." Mr. Kirby moved to amend the amendment by saying the ^ 1st Monday in February." Accepted. The amendment was then adopted—yeas 40 nays 34. Mr. Love moved to amend the resolution as amended, by saying Monday, the 19th day of January. To which the House agreed. The resolution as amended then passed. Mr. Waddell moved to take up II. B. No. 94, relative to a Patrol Force in each county of the State. To which the House agreed. The question then being upon the passage of the bill on its second reading. Mr. Beall moved to lay the bill upon the table. Not agreed to. Mr. Grissom moved to substitute H. B. No. 145, for the bill under consideration. Mr. Avera moved to amend the substitute amendment by striking out " ten days." Accepted. Mr. Shepherd moved to strike out " as soon hereafter as practicable." Accepted. XS62-'63.] HOUSE JOURHAL. 123 Mr. McAden moved' that the bill and amendments .be laid on the table. To which the House agreed. H. B. Ho. 10, to authorize the Governor to cause Provisions and Clothing to be seized, was put on its second reading. The committee amendments were accepted. 'Mr. Watson moved that the bill be indefinitely postponed, which was agreed to. Yeas 45, nays 24. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Allison, Avera, Bernhardt, Barringer, Beall, Berry, Brown, Bryan, Bryson, Carpenter, Carter, Craig, Gilliam, Glenn, Greene, Hampton, Harris of Cabarrus, Harris of Chat¬ ham,1 Harrison, Henry of Henderson, Horton, Joyner, Kerner, Laws, Mann of Hyde, McAden, McCormick, Hissen, Parks, Patterson, Reynolds, Riddick, Robbins, Robinson, Russell of Brunswick, Shober, Smith, Stancill, Waddell, Wallen, Walser, Watson, Wellborn, Woodall and Young of Iredell—45. Those who voted in the negative are: Messrs. Benbury, Burns, Costner, Fleming, Gentry, Grier, Hawes, Headen, Ingram, Judkins, Keener, Kelly, Kirby, Long, Love, Lyle, Mann of Pasquotank, Manning, Peebles, Person, Rhodes, Russ and Shepherd—24. Mr. Peebles moved to reconsider the vote by which the bill to amend the act passed at the last session of the General Assembly, to alter the times of holding the courts and to change the rules of pleading therein, was on last evening re¬ jected. Pending the consideration of which motion, the House ad¬ journed. WEDNESDAY, December 17, 1862. Mr. Patterson from the Committee on Propositions and Grievances, reported favorably with amendments, H. B. Ho. 181, in favor of Rufus Galloway, Sheriff of Brunswick county. 124: HOUSE JOURNAL. [Session On motion of Mr. Russell, of Brunswick, the rules were suspended, and the hill passed its second and third readings. Mr. Shober from the Committee On Education, reported favorably H. B. 121, in relation to Common Schools. Mr. Walser presented a memorial from Cormish & Co., manufacturers of shoe pegs, .asking their workmen he exempted from Conscription. Referred to Committee on Military Affairs. Mr. Russell, of Brunswick, reported adversely H. B. No. 13, to abolish the office of State Geologist. Mr. Shepherd from the select committee on extortion, re¬ ported favorably with amendments, H. B. 33, for the relief of the wives and families of soldiers in the army. Also H. B. 49, defining extortion and encouraging honora¬ ble speculation, and recommend that it be considered by the House in connection with the revenue bill. Also H. B. 150, to prevent and punish extortion, and re¬ port that in their opinion, the legislation desired is imprac¬ ticable. Mr. Burgin from the Committee on Claims, reported ad¬ versely H. B. No. 180, authorizing the Public Treasurer to repay bounty in certain cases. Also, favorably, H. R. No. 184, in favor of R. Y. Black- stoek. Also, favorably, H. R. No. 185, in favor of J. R. Davis. Also, favorably, 187, in favor of E. M. Wellborn. Also, favorably, H. R. No. 189, in favor of W. W. Happer. Also, favorably, H. R. 182, in favor of sureties of John S. Willis. Also, favorably, H. R. No. 177, in favor of Jno. O. Wallace. Also, favorably, H. R. No. 186, in favor of R. Y. Black- stock. Mr. Flynt introduced a resolution 201, in favor of John Martin. Read first time, passed, and referred to the Com¬ mittee on Claims. Mr. Grier introduced a resolution 202, in favor of W. W. 1862-63.] ~s HOtTSE JOURNAL. 125 Grier. Read first time and passed, and referred to Commit¬ tee on Claims. Mr. Cowles, a resoliition concerning salt. Read first time, passed, and on motion, the rules being suspended, passed its second and third readings. Mr. Avera, a bill No. 204, to amend the 8th section of the 83d chapter Revised Code. Read first time and passed. Mr. Grier, a resolution in favor of A. B. Down. Readfirst time, passed and referred to the Committee on Claims. Mr. Grier, a resolution 206, in favor of Eli Stephens. Read first time, passed, and referred to the Committee on Claims. Mr. Love introduced a resolution as follows: Resolved, That no, person shall be made a Justice of the • Peace at this session of the General Assembly, who is liable to conscription, and the member proposing his name shall make this fact known. Which was not agreed to. Mr. Beali moved to take up H. B. No. 95, to amend an act entitled " An act for the relief of the Banks and the people." To which the House agreed. The bill then passed its second reading, and the rules being suspended, passed its third reading. Mr. Russell, of Brunswick, moved to take up H. B. 200, a bill in favor W. H. Allen, late Sheriff of Brunswick. To which the House agreed. The bill then passed its second reading, and the rules being suspended, passed its third reading. Mr. Cowles moved to take up H. B. 149, in relation to the county site of Mitchell. Agreed to. The bill then passed its second reading, and the rules being suspended, was passed its third reading. Received from the Senate a message proposing at half-past twelve o'clock, to go into the election of Solicitor of the 4th Judicial Circuit, and nominating Hon. Thomas Settle. Agreed to. Mr. Joyner moved that a message be sent to the Senate 126 "HOUSE JOURNAL. [Session proposing to go into an election for Adjutant General at 12 o'clock. To which the House agreed. Mr. Avera nominated Daniel G. Fowle, Mr-. Joyner nominated John Randolph, Mr. "Wellborn nominated R. C. Duval, Mr. Russ nominated R. H. Cowan, Mr. Keener nominated C. P. Bryson, Mr. Benbury nominated Wm. E. Mann, Mr. Joyner nominated M. Q. Waddell, for Solicitor of the 4th Judicial Circuit. Ordered, That Messrs Carpenter and Grier constitute our part of the committee to superintend the election of Solicitor. The hour for the said election having arrived the House proceeded to vote : Those who voted for Waddell are: Messrs. Benbury, Burgin, Cobb, Davis, Grier, Harris of Cabarrus, Harris of Chatham, Hawes, Henderson, Henry of Henderson, Headen, Ingram, Joyner,Judkins, Keener, Logan, Parks, Pearce, Richardson, Rhodes, Russ, Russell of Bruns¬ wick, Wallen and Williams—23. Those who voted for Mr. Settle are:- Messrs. Speaker, Allison, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Berry, Bizzell, Brown, Bryan, Burns, Car¬ penter, Carter, Costner, Cowles, Craig, Davenport, Flynt, Eowle, Foy, Glenn, Grissom, Harrison, Henry of Bertie, Hollingsworth, Hooper, Howard, Morton, Jenkins, Kelly, Kerner, Laws, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McAden,|McCori?iick, McKay, HcRae, Nissen, Patterson, Peebles, Reynolds, Riddick, Robbins, Robinsqb, Shepherd, Shober, Smith, Spruill, Walser, Watson, Wellborn, Woodall, Worth, Young of Iredell—60. Mr. Fleming voted for Mr. Kerr. Mr. Avera, from the Committee on Enrolled Bills, sub¬ mitted a report* and; the following bills and resolutions were approved and signed by the Speaker: 1862-63.] HOUSE JOURNAL. 127 An act to amend the charter of the Atlantic, Tennessee and Ohio Railroad Company; An act to allow further time for the registration of grants,, conveyances and other instruments; Resolution in favor of S. S. Hicks ; An act to establish the Bank of Lincol'nton r t ' An act to construct a Railroad from Dallas in Gaston coun- ty, by way of Lincolnton to Newton in Catawba county ; Resolution in favor of T. E. and C. M. Skinner, Jr. ; An act amendatory of the law in relation to sheriff's bonds;; An act to provide for the better management and repairs of the "Western Turnpike Road'; An act to amend the charter of the Bank of Lexington, and establish the Bank of Graham ; An act amendatory of an act to incorporate the Bank of Western North Carolina; An act supplementary to ah act passed at the- present ses¬ sion of the General Assembly, and ratified on the 9th day of December, 1S62, entitled an act to amend an ordinance of the Convention, entitled "an ordinance to make some-pro¬ vision for the families of soldiers dying in the service ; A resolution in favor of Soloman Pool; An act to amend the charter of the Cheraw and Coalfields Railroad Company, as amended by an ordinance of the Con¬ vention ; An act to prohibit the distillation of spirituous liquors ; An act to change the place of comparing polls in the 44th Senatorial District; A resolution on printing the Governor's InauguralAddress An act to amend an act entitled militia bill, ratified 20th of September, IS61 ; An act for the benefit of Justices of the Peace, refugees from their counties; An act to amend the 9th and 12th sections of 101st chapter of the Revised Code. Mr. Avera moved that a message be sent to the Senate 128 HOUSE JOURNAL. [Session proposing to go into* an election for Attorney General at 12 o'clock, and nominated Hon. Sion H, Rogers. Mr. Henry, of Bertie, nominated Benjaman Hardy. Mr. Carter nominated Henry A. Gilliam. Mr. Fleming nominated W. A. Jenkins. H. B. No. 81, to amend the 18th section of the 46th chapter of the Revised Code, was passed its second reading. The rules being suspended, it was put upoa its third reading, and rejected. Received from the Senate a message declining to go into an election for Attorney General at 12 o'clock, but proposing to go into said election at 10 o'clock. Agreed to. Mr. Shepherd moved to take up the bill reported by the Finance Committee to provide for the issue of more treasury notes. To which the House agreed. The bill was then put upon its 3d reading. A number of amendments from the Committee on Finance were offered by Messrs. "Worth, Shepherd and Amis, all of which were agreed to. The bill then passed its second reading, and on motion of Mr. McAden, the rules being suspended, was passed its third reading. The Speaker announced the question before the House to be the motion of Mr. Peebles to reconsider the vote by which the bill to alter the time of holding the courts and change the rules of pleading therein, was rejected. Mr. Cowles moved to lay that motion pn the table. • Agreed to—yeas 57, nays 36. The hour having arrived, the House proceeded to vole for Attorney General. Those who voted for Mr. Rogers are: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- ger, Beall, Berry, Bryan, Burgin, Burns, Craig, Fowle, Grissom, Harris of Chatham, Harrison, Hawes, Henry of Henderson, Headen, Howard, Ingram, Jenkins, Keener, Kelly, Laws, Lyle, McAden, McCormick, McNeill, McEae, Patterson, Richardson, Robbins, Russ, Shober, WalleD, 1862-63.] EOUSE JOURNAL. 129 Watson, Williams, Woodall, Worth, Young of Iredell and Young of Yancey—12. Those who voted for Mr. Hardy are : Messrs. Carpenter, Cowles, Flynt, Gentry, Glenn, Greene, Hampton, Harris of Cabarrus, Henry of Bertie, Hollings- worth, Horton, Joyner, Kerner, Manning, Nissen, Parks, Rhodes, Russell of Brunswick, Smith, Waddell, Walser and Wellborn—22. Those who voted for Mr. Gilliam: are : Messrs. Speaker, Benbury, Bryson, Carter, Mann of Hyde, Mann of Pasquotank, Pearce, Robinson and Spruill—9. Those who voted for Mr. Jenkins are : Messrs. Brown, Cobb, Costner, Davenport, Davis, Fleming, Grier, Henderson, Hooper, Judkins, Kirby, Lemmohda, Logan,Long, Love, McKay, Peebles, Person and Reynolds-18. Mr. Shepherd voted for Mr. Eaton. II. B. 179, to allow incorporated towns to lay additional taxes, was passed its second and third readings. Mr. Carpenter, from the Committee to superintend tliQ election of Solicitor, reported that the whole number of votes cast was 125, of which Thomas Settle had received 95; Mr. Waddell 29 and Mr. Kerr 1. Mr. Settle is therefore declared duly elected. Mr. McKay moved to make the bill to amend the charter of the Chatham Railroad Company the order for Thursday at 12 o'clock. To which the House agreed. Mr. Carter, from the Committee to superintend the elec¬ tion of Attorney General, reported that the whole number of votes cast was 137, necessary to a choice 69, of which H. B, Ilardv had received 28 ; II. A. Gilliam 13; S. H. Rogers 62 ; W. A. Jenkins 32; Mr. Badger 1 and Mr. Eaton 1. No on© having received a sufficient number of votes, there is no> election. The House took a recess to 7 o'clock. 9 130 HOUSE. JOURNAL. [Session Night Session—WEDNESDAY, December 17,1862. The House met and was called to order by the Speaker. Leave of absence was granted to Mr. Beam from and after to-day until the adjournment, to Mr. Davenport for the same time, to Mr. McRae from and after to-morrow until the adjournment. Received from the Senate a message proposing' to go forth' with into an election for Attorney General. Agreed to. Ordered, That Messrs. Mann of Pasquotank, and Costner constitute our part of the committee to superintend the elec¬ tion. The House proceeded to vote as follows: Those who voted for Mr. Rogers are : Messrs. Speaker, Allison, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Berry, Bizzell, Bryan, Bryson, Burns, Carter, Cowles, Craig, Flynt, Fowle, Glenn, Greene, Grissom, Hamp¬ ton, Harris of Cabarrus, Harris of Chatham, Harrison, Henry of Henderson, Headen, Hollingsworth, Howard, Horton, Ingram, Jenkins, Joyner, Keener, Kelly, Kerner, Laws, Logan, Long, Love, Lyle, Mann of Hyde, Mann of Pasquo¬ tank, McAden, McCormick, McRae,Nissen, Parks, Patterson, Pearce, Richardson, Rhodes, Robbins, Rnss, Shober, Smith, Wallen, Walser, Watson, Williams, Woodall, Worth, Young of Iredell, and Young of Yancey—61. Those who voted for Mr. Gilliam are : Messrs. Spruill and Waddell—2. Those who voted for Mr. Hardy are : Messrs. Carpenter, Gentry, Manning and Wellborn—4. Those who voted for Mr. Jenkins are: Messrs. Brown, Cobb, Costner, Davenport, Davis, Fleming, Foy, Grier, Judkins, Kirbv, Lemmonds, McKay, Peebles, Rey. nolds and Robinson—15. Mr. Shepherd voted for Mr. Eaton. H. B. 101, to charter the Shelby and Broad River Railroad Company, was put on its second reading. Mr. Beam offered a substitute, which was adopted, and the "bill passed its second reading. 1862-'63.] HOUSE JOURNAL. 131 II. B. 83, concerning the Deep River Works, was put on its second reading. Mr. Kirby moved to lay the bill upon the table. To which the House agreed. Mr. Mann, from the committee to superintend the election of Attorney General, reported that the whole number of votes cast was 125, necessary to a choice 63, of which Sion H. Rogers received 95 votes, Win. A. Jenkins 21 votes, H. B. Hardy 6 votes, H. A. Gilliam 2 votes, Wm, Eaton 1 vote. Mr. Rogers having received a sufficient number of votes is therefore duly elected. The House adjourned until to-morrow morning 10 o'clock. THURSDAY, December 18, 1862. Mr. Parks presented a memorial from citizens of Burke county concerning salt. Mr. Harris of Cabarrus, from the select committee on supply of salt, reported H. B. No. 99, to provide means to bore for salt water in Chatham county and a substitute. Mr. Walser reported from the select committee on soldiers' bounty, as follows : The Joint Select Committee to whom was referred the non¬ payment of the North Carolina soldiers' bounty, have had the same under consideration, and beg leave to report: Mr. Gnlick, paymaster, was notified and appeared before the committee. From the best information that the committee could get from the paymaster, there remain several regiments and parts of regiments where the soldiers have not received their additional bounty allowed them by the several ordi¬ nances of the Convention. But it appears from the statement made by the paymaster, that no one of the volunteers or soldiers has been refused the payment of his bounty whoa presented in proper form and from the proper authority. The paymaster further informed the committee that there is no law directly making it the duty of the paymaster to visit,the 132 HOUSE JOURNAL. [Session regiments and companies for the purpose of paying soldiers' bounties, but nevertheless, it has been his practice to do so, and he did intend to have visited the army a short time since if he could have provided funds for that purpose. The statement of the paymaster accompanying this report will show the number of regiments remaining unpaid. The soldiers are allowed 6 per cent interest on the bounty in certain cases, though it does not appear that any has been paid them. The committee is unanimously of the opinion that no fur¬ ther legislation on the subject is needed. REGIMENTS PAID IN FULL. 1st, 2d, 3d, 4th, 5th, Tth^ 8th, 9tli, 10th, 11th, 12th, 14th, 17th, 18th, 19th, 20th, 23d, 25th, 26th, 27th, 29th, 30th, 31st, 32d, 33d, 36th, 40th, 41st, 42d, 43d, 44th, 45th, 46th, 47th, 48th, 49th, 50th, 51st, 52d, 53d, 54th, 55th, 56th, 57th, 58th, 59th (mostly,) 60th, 61st and 63d. (The N. C. companies) and all battalions but two, and the N. O. companies in the 64th. UNPAID. 6th, 13th, 15th, 16th, 21st, 22d, 24th, 28th, 34th, 35th, 37th, 38th and 39th. Wharton's battalion of sharp shooters, Sho- ber's battalion. Love's regiment of rangers, rolls not filed in Adjutant General's office. Bounty is due to the conscripts assigned to some of the old regiments, which had been paid off before they were called out. Mr. McKay introduced a resolution, 208, in favor of Drury King. Read first time, passed, and the rules being suspend¬ ed, the resolution passed its second and third readings. Mr. Buss a bill, 209, to re-organize the militia. Read first time, passed, and referred to the Committee on Military Affairs. 18G2-G3.] HOUSE JOURNAL. 133 Mr. Shober a bill, 210, to authorize the incorporated towns to lay an ad valorem tax on slaves. Mr. Watson, from the select committee on Salisbury pris¬ oners, reported H. B 113, for the strengthening of the laws -already in force, for the protection of personal liberty, and asked to be discharged from its further consideration. On motion of Mr. Shepherd, the resolutions reported from the committee on Salisbury prisoners, were taken up and read the second time. Mr. Costner offered an amendment to the first resolution, " provided the troops in the service of the State or Confeder¬ ate States are first supplied." Which was agreed to—yeas 66, nays 13. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Amis, Avera, Bernhardt, Benbury, Berry, Bizzell, , Brown, Burns, Carpenter, Cobb, Costner, Cowles, Davis, Flem¬ ing, Flynt, Fowle, Foy, Gentry, Glenn,Greene, Grier, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Henderson, Hollingsworth, Hooper, Jenkins, Joyner, Judkins, Keener, Kirby, Laws, Lemmonds, Logan, Long, Love, Mann of Pasquotank, Man¬ ning, McAden, MeCormick, McKay, McNeill, McRae, Parks, Patterson, Pearce, Person, Richardson, Rhodes, Robbins, Robinson, Russ, Shepherd, Shober, Smith, Spruill, Waddell, Wallen, Wellborn, Williams and Woodall—66. Those who voted in the negative are : Messrs. Allison, Afford, Bryan, Bryson, Carter, Henry of Bertie, Howard, Horton, Kerner, Mann of Hyde, Nissen, Walser and Young of Iredell—13. Received from the Senate a message transmitting an en¬ grossed bill, 211, for the relief of such persons as may suffer from the burning of the Court House and records of Hert¬ ford county. Read first time, passed, and under a suspen¬ sion of the rules, passed its second and third readings. Received from the Senate a message transmitting the fol- 134 HOUSE JOURNAL. [Session lowing enrolled bills and resolutions, which were approved and signed by the Speaker: An act to incorporate the Swift Island Gold Mining Company; An act in relation to the Richmond Manufacturing Com¬ pany ; An act to amend the charter of the "Western Plankroad; An act to incorporate the Macon Leather Company, in Macon county; Resolution in favor of Benj. Fitzrandolpli; Resolution in favor of John Blaylock; Resolution in favor of Joseph Welch. Received from the Senate a message transmitting an en¬ grossed bill to amend the 1st, 12th and 23d sections of 17th chapter of the Revised Code. Read first time and passed. Mr. Grissom moved a reconsideration of the vote by which Mr. Costner's amendment was adopted. Agreed to—yeas 43, nays 41. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Allison, Alford, Avera, Barringer, Berry, Bryan, Bryson, Burgin, Carson, Carter, Fowle, Glenn, Greene, Gris¬ som, Hampton, Harrison, Henry of Bertie, Howard, Horton, Kelly, Kerner, Laws, Long, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McNeill, McRae, Nissen, Parks, Rob- bins, Russell of Brunswick, Shober, Smith, Wallen, Walser, Watson, Wellborn, Woodall, Worth,- Young of Iredell, and Young of Yancey—43. Those who voted in the negative are: Messrs. Amis, Bernhardt, Beall, Bizzell, Brown, Burns, Carpenter, Cobb, Costner, Davis, Fleming, Foy, Gentry, Grier, Harris of Cabarrus, Harris of Chatham, Hawes, Hen¬ derson, Henry of Henderson, Hollingsworth, Hooper, Jen¬ kins, Joyner, Judkins, Keener, Letnmonds, Logan, Love, Manning, Patterson, Pearce, Peebles, Person, Richardson, Rhodes, Robinson, Russ, Shepherd, Spruill, Waddell and Williams—41. 1862-,63.] HOUSE JOURNAL. 135 The hour for the special order having arrived it was post¬ poned until the question before the House shall be dis¬ posed of. The amendment of Mr. Costner was then rejected—yeas 34, nays 46. A call for the yeas and nays being seconded by one fifth of the members present, Those who voted in the affirmative are: Messrs. Bizzell, Brown, Carpenter Cobb, Costner, Eleming, Foy, Gentry, Greene, Grier, Harris of Cabarrus, Harris of Chatham, Hawes, Henry of Henderson, Hooper, Ingram, Judkins, Keener, Lemmonds, Logan, Long, Love, Manning, McKay, Peebles, Person, Richardson, Rhodes, Robinson, Russ, Shepherd, Smith, Spruill and Waddell—34. Those who voted in the negative are: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- ger, Benbury, Berry, Bryan, Bryson, Carson, Carter, Cowles, Craig, Flynt, Fowle, Glenn, Grissom, Harrison, Henry of Bertie, Howard, Hortori, Jenkins, Joyner, ICerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCor- mick, Nissen, Parks, Patterson, Pearce, Robbins, Russell of Brunswick, Shober, Wallen, Walser, Watson, Wellborn, Woodall, Worth, Young of Iredell and Young of Yan¬ cey—46. Mr. Amis moved that a message be sent to the Senate proposing to go into the election of nine Trustees of the University. To which the House agreed. The question being upon the passage of the first resolution, it was decided in the affirmative—yeas 75, nays 4. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Afford, Amis, Avera, Bernhardt, Barrin- ger, Beall, Benbury, Berry, Brown, Bryan, Bryson, Burgin, Burns, Carpenter, Carson, Carter, Cobb, Flynt, Fowle, Foy, Gentry, Glenn, Greene, Hampton, Harris of Cabar- 136 HOUSE JOURNAL. [Session rus, Harris of Chatham, Harrison, ITawes, Henry of Bertie, Henry of Henderson, Hollingsworth, Hooper, How¬ ard, Horton, Ingram, Jenkins, Joyner, Keener, Kelly, Ker- ner,"Laws, Logan, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McAden, MeCormick, Nissen, Parks, Patterson, Pearce, Person, Richardson, Rhodes, Robbins, Robinson, Russ, Russell of Brunswick, Shepherd, Shober, Smith, Waddell, Wallen, Walser, Watson, "Wellborn, Wood- all, Worth, Young of Iredell and Young of Yancey—75. Those who voted in the negative are; Messrs. Costner, Lemmonds, Peebles and Spruill---4:. The second resolution was then read. Mr. Person offered the following amendment; Provided application for sucli aid shall be first made to the Governor b^ any prisoner, and it shall be made to appear that he is unable to employ counsel. Which was rejected—yeas 23, nays 52. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Brown, Bryan, Cobb, Costner, Foy, Greene, Grier, Harrison, Hooper, Ingram, Keener, Lemmonds, Logan, Long, Love, Manning, McKay, Peebles, Person, Rhodes, Shepherd, Spruill and Williams—23. Those who voted in the negative are; Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Benbury, Berry, Bryson, Burgin, Burns, Carpenter, Carson, Carter, Craig, Flynt, Fowle, Gentry, Glenn, Grissom, Hampton, Harris of Cabarrus, Harris forty years, $350; from forty to fifty years, $200. And all slaves habitually employed in any mechanical trade into the. following classes, and of the following values:-from eighteen to thirty-five years of age, $,1000; from thirty-five to forty- five years, $850; from forty-five to fifty-five years, $550; from fifty-five to- sixty years, $400. All other slaves not in¬ cluded within the aforesaid classes to be deemed of the value of $25. Which amendment was agreed to. Mr. Cowles moved to strike out the 6th clause of the 1st section, which provides for taxing "horses, mules, cattle, togs,, and other live stock raised or kept for sale, and not for the use of the owner.' Which was not agreed to. Mr. Shepherd moved to amend, by inserting at the end of line 26, 1st section,. E8 follows: "Money invested in manu¬ facturing of any kind, and in every species of trade, where some other tax is not laid by another section of this act." Which amendment was agreed to. On motion of Mr. Shepherd, the 2d section, 6t.li> line, was was amended by striking out " and" between the words "structures and edifices," and inserting after "edifices" the words "and parsonages." On motion of Mr. Shepherd, the 4th section, 2d line, was- amended, by striking out the words " Banks and."' 1862-63.] HOUSE JOUENAL. 16T Mr. Sherwood moved to amend the 6th section, 4th line—? insert before the word "school" the word "original." Hot agreed to. On motion of Mr. McCormick, the 6th section, 5th line was amended, by striking out the words " or for each school district, at the option of the Court." Mr. Eobbins moved to amend section 52, clause 11, line 63, by striking out the word " two " and inserting " one," and in line 69, by striking out the figure " 8 " and inserting figure "4." Not agreed to. Mr. Glenn moved to amend section 52, clause 11, line 67, after the word " dollar," by inserting " provided the scalp of a fox be received in lieu thereof." Not agreed to. On motion of Mr. McKay, section 52 was amended, by in¬ serting at the end of clause 11, " Provided, however, That the County Court of each county, a majority of the Justices being present, in their discretion may levy the above taxes on dogs, and the taxes collected levied under this section be for county purposes. Mr, Brvson moved to strike out all of clause 11, section 52 Not agreed to. Mr. Amis, by leave, introduced a resolution amending the rules so as to repeal the rule adopted at the last session pro¬ viding for a meeting of the House at 10 o'clock, A. M., that it shall sit until 2 P. M., and then adjourn to meet at 7 P. M, On motion, The House adjourned until to-morrow 10 o'clock,. THUESDAY, Janua&Y 22,1863. The Speaker presented the report-of the Board of Claims ; which was read and ordered to be sent to the Senate. Eeceived from the Senate a message^ stating that the Seag¬ ate proposes to raise a joint select committee of two upon its part, and three upon the part of the House, who shall exam- 168 HOUSE JOURNAL. ine the arrangement of the public offices, and report a scheme for their better distribution. Which proposition was agreed to. Ordered, That Messrs. Eoust, Russ and Burgin constitute our part of said committee. Mr. Flynt presented a petition from citizens of Stckes county 10 change the time of holding a term of the County Court. Read, Mr. Flynt introduced a bill to change the time of holding a term of the County Court of Stokes county. Read first time and passed, and the rules being suspended, was passed its second and third readings. Mr. Fowle, from the Judiciary Committee, reported a reso¬ lution concerning negroes owning dogs, and asked to be dis¬ charged from its further consideration. Also, Mr. Fowle, from same committee, reported favorably H. B. 146, concerning sales of land. Mr. McKay, from the same committee, reported adversely H. B. 14T, for the relief of sheriffs. Mr. Amis, from the same, reported adversely H. B 232, a bill for the benefit of persons wliq have entered vacant lands. Mr. Waddell, also from the same, reported H. Bill 212, concerning unlawful entry and detainer, and asked to be dis¬ charged from its farther consideration. Mr. Fowle, from the select committee concerning passes to citizens, reported that Lieut. Walker appeared before them, and disclaimed any power to require all citizens to get pass¬ ports of him; that it would, though, be of great benefit to citizens to obtain such passports when about to visit places where martial law prevailed, and asked to be discharged from the further consideration of the subject. Report of committee was agreed to. Mr. Mann of P. introduced a resolution, 247, in favor of M. F. Shaw. Read first time, passed, and referred to the Committee on Claims. Mr. Headen presented a resolution as follows : 1862-63.] HOUSE JOURNAL. 169 Resolved., That in the opinion of the General Assembly of North-Carolina, flogging is a mode of pnnishmont that ought not to be practiced in the Confederate States army, and that our Senators and Representatives be requested to use their influence to have the same stricken from the army regula¬ tions. On motion of Mr. McKay it was amended, by inserting after the word " flogging," the words " bucking and gagging'" The resolution, as amended, was then agreed to: Mr. Shepherd introduced a resolution, dSTo. 248, concerning soldiers' bounty. Read first time, passed, and referred to the Committee on Propositions and Grievances. Mr. McAden a resolution, 249, in favor of Wm. J. Murray. Read first time, passed, and referred to Committee on Propo¬ sitions and Grievances. Mr. Love a resolution, 250, in favor of Wm. Green. Read first time and passed. Mr. Peebles a bill, 251, by which free persons of color may enslave themselves. Read first time and passed, and ordered to be printed. Mr. Peebles a bill, 252, to change time of meeting of the General Assembly. Read first time and passed. Mr. Sherwood a bill, 253, to change time of meeting of the General Assembly. Read first time and passed. Mr. Carson a bill, 254, concerning Justices of the Peace in Alexander'county. Read first time and passed. Mr. Young of Yancey, a bill, 255, in favor of A. A. Wise¬ man, Sheriff of Mitchell county. Read first time and passed. Mr. Walleri a bill, 256, in favor of H. Hunter. Read first time and passed. Mr. Lemmonds a bill, 257, in favor of C. Austin. Read first time and passed. Mr. Bryan a bill, 25S, to change the Probate Court of Rutherford county. Read first time and passed. Mr. Allison a bill, 259, to incorporate the Orphans' Edu- catioal Board. Read first time and passed. Mr. Henry of Henderson, a bill, 260, to legalize the pro- 170 HOUSE JOURNAL. [Session ceedings of a County Court in Henderson county. Read first time, passed, and the rules being suspended, was passed its second and third readings. On motion of Mr. Bryan, the rules were suspended, and the bill just introduced by him, 258, was passed its second and third readings. Received from the Senate a message, therewith trans¬ mitting the following engrossed bill and resolution : A bill, 261, to incorporate the town of Chestnut Hill, in Rowan county. Read first time and passed* Resolution, 262, concerning manufacture of Cotton Cards. Read first time, passed, and the rules being suspended, was passed its second and third readings. Received from the Senate a message, stating its part of the committee concerning public offices. Received from the Senate a message, stating that the Senate proposes to raise a joint committee of three on its part, and five upon the part of the House, in reference to the communications from other States as to guaranteeing the Confederate debt. "Which proposition was agreed to. Ordered, That Messrs. Grissom, Shepherd, Person, Shober and Allison constitute our part of said committee. Mr. Amis called up his resolution rescinding the rule that the House shall meet at 10 o'clock, and adjonrn at 2 o'clock, to meet again at 7 o'clock in the evening; and it was passed. The consideration of the unfinished business of yesterday, it being the Revenue bill, was then resumed. Mr. McAden moved to strike out all of clause 13, section 52. Not agreed to—yeas 36, nays 51. A call for the yeas and nays being seconded by one-fifth of the members present, , Those who voted in the affirmative are : Messrs. Avera, Bizzell, Bynum, Carpenter, Carson, Cobb, Cowles, Crawford, Davenport, Foy, Greene, Grissom, Hamp¬ ton, Harrison, Henry of Bertie, Henry of Henderson, Head- en, Hooper, Howard, Horton, Jenkins, Joyner, Lemmonds, 1862—'63.] HOUSE JOURNAL. 171 Love, Mann of Hyde, Mann of Pasquotank, McAden, Me- Cormick, McKay, Patterson, Pearce, Peebles, Robinson, Watson, Williams, Woodall and Young of Yancey—36. Those who voted in the negative are: Messrs. Allison, Albritton, Alford, Amis, Bernhardt, Bar- ringer, Beall, Benbury, Berry, Best, Brown, Bryan, Bryson, Burgin, Burns, Costner, Craig, Flynt, Foust, Fowle, Gentry, Gilliam, Grier, Hawes, Henderson, Judkins, Kelly, Kerner, Laws, Logan, Long, Lyle, Manning, McRae, Parks, Per¬ kins,. Person, Richardson, Rives, Rhodes, Robbins, Kuss, Shepherd, Sherwood, Shober, Smith of Washington, Spruill, Waddell, Wallen, Walser and Young of Iredell—51. Mr. Watson moved to amend section 52, clause 14, 96th and 99th lines by striking out the word "purchases" and in¬ serting " profits," the amendment from the Senate to insert sales" having been rejected. Mr. Watson's amendment was agreed to—yeas 70, nays 12. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Beall, Benbury, Berry, Best, Bizzell, Brown, Bryan, Burgin, Burns, Bynum, Carpenter, Carson, Cobb, Costner, Cowles, Craig, Crawford, Flynt, Foy, Gentry, Gilliam, Glenn, Greene, Hampton, Harrison, Hawes, Henderson, Henry of Hender¬ son, Headen, Hooper, Howard, Horton, Joyner, Judkins, Laws, Lemmonds, Logan, Long, Lyle, Mann of Pasquotank, Manning, McAden, McCormick, McKay, McRae, Patterson, Pearce, Person, Reynolds, Richardson, Rives, Rhodes, Rob¬ inson, Russ, Shepherd, Sherwood, Shober, Smith, Waddell, Wallen, Watson, Williams, Woodall, Young of Iredell, and Young of Yancey—70. Those who voted in the negative are : Messr. Albritton, Barringer, Beam, Bryson, Davenport, Foust, Kelly, Kerner, Mann of Hyde, Robbins, Spruill and Walser—12. Mr. Shepherd moved to amend the amendment by striking 172 HOUSE JOURNAL. [Session out all after the word " ten " in the 98th line and inserting " cents per gallon on the amount of his sales." "Which was not agreed to. Mr Cowles moved to amend by inserting after " spirituous liquors" in the 94th line "spirits of turpentine," and in the 98th line after " spirituous liquors distilled in this State," add " spirits of turpentine distilled in this State." Which was not agreed to. Mr. Berry moved to amend 9Sth line of clause 14, section 52, by striking out the word " ten " and inserting the word " twenty." Which was not agreed to. A call for the yeas and nays was not seconded by one-fifth of the members present. Mr. Allison moved to amend clause 15 of section 52 as fol¬ lows: In 113th line strike out the word "one" and insert " two ;" strike out of 116th line the word " two " and insert " four;" strike out of 119th line the word " three " and insert six." Which were not agreed to. On motion of Mr. .Shepherd, section 69, clause 4, line 24, was amended by striking out all after the word " State," and, inserting " two per cent, tax on their gross receipts." On motion of Mr. Shepherd, section 69, clause 11, line.43,. was amended by striking out the word " sixty " and insert¬ ing " one hundred." On motion of Mr. Brown, section 69, clause 15, line 70, was amended by striking out the word " thirty-five " and in¬ serting the word " fifty." On motion of Mr. Shepherd, section 69, clause 27, was amended by adding at the end of the clause : Provided, that nothing herein contained shall subject to a double tux the estate of a soldier in the service." Mr. Avera moved to amend section 80, clause 3, lino 19, by striking out the words " every marriage license." Which was not agreed to. On motion, the Revenue Bill was made the special order for Monday next at 11 o'clock. On motion, the House adjourned until to-morrow 11 o'clock. 18G2-'63.] HOUSE JOURNAL. 173 FRIDAY, January 23, 1863. Mr. Parks introduced a bill to correct errors on the tax roll of Burke county. Read first and passed, and under suspen¬ sion of the rules was passed its second and third readings. Mr. Ingram introduced a resolution 265, in favor of John A. Long. Read first time, passed and under a suspension of the rules was passed its second and third readings. Mr. Walser a bill, 266, accompanied by a memorial, in fa¬ vor of Percy Ann Walker, a free person of color. Read first time and passed. Mr. Craig a bill, 267, in favor of Isaac A. Rue, late sheriff of McDowell county. Read first time, passed and under sus¬ pension of the rules passed its second and third readings. Mr. Shober a bill, 268, concerning fees of clerks and she¬ riffs. Read first time, passed and referred to the Judiciary Committee. Mr. Shober a bill, 269, to authorize guardians and others holding funds in trust to invest the same in Confederate bonds. Read first time, passed and referred to the Judiciary Com¬ mittee. Mr. McKay a bill, 270, to authorize the Governor to issue commissions to hold courts of Oyer and Terminer and for other purposes. Read first time, passed and referred to the Judi¬ ciary Committee. Mr. Shepherd a bill, 271, to provide for the establishment of Iron Works for the manufacture of railroad and other iron. Read first time, passed and ordered to be printed. On motion of Mr. Fowle, the use,of the Hall was this even¬ ing granted to the Young Men's Christian Association. On motion of Mr. Amis, Ordered, That a message be-sent to the Senate stating that the House proposes on Monday at 1 o'clock to go into an election of nine Trustees of the University. On motion of Mr. Amis, the Revenue Bill was made the special order for Monday next at 11 o'clock. Received from the Senate, a message declining on Monday next to go into an election for Trustees of the University. 174 HOUSE JOURNAL. (Session On motion of Mr. Grissom, H. B. No. 213, to amend 1st, 12tli and 23d sections of chapter 17, of Acts of 1S61, waB taken up and read the third time. Mr. Peebles offered as a substitute the follbwing: Strike out all after the enacting clause and insert " That the term of office of the Adjutant General shall be two years ; but he may be removed from office at the option of the Governor. Any vacancy in said office during a recess of the General As¬ sembly may be filled by the Governor, and his appointee shall hold his> office till a successor is elected by the Gener¬ al Assembly, or until he shall be removed by the Governor." AVhich was not agreed to. Yeas 8, nays 74. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are" Messrs. Cobb, Joyner, Logan, Peebles, Reynolds, Rives, Robinson and Williams—8. Those who voted in the negative are: Messrs Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Beam, Berry, Best, Bizzell, Bryan, Bryson, Burgin, Burns, Bynum, Carpenter, Carson, Costner, Cowles, Craig, Crawford, Davenport, Dunn, Elynt, Foust, Foy, Gen¬ try, Gilliam, Glenn, Greene, Grissom, Hampton, Harrison, Henderson, Henry of Henderson, Headen, Hooper, Howard, Horton, Ingram, Jenkins, Judkins, Keener, Kelly, Kerner, Laws, Lemmonds, Long, Lyle, Maun of Hyde, Mann of Pasquotank, Manning, McAden, McCormick, McKay, McRae, Parks, Patterson, Perkins, Richardson, Rhodes, Robbing, Russ, Shepherd, Sher\vood, Shober, Smith of Washington, Waddell, Wallen, Walser, Watson, Wellborn, Woodall, Young •of Iredell and Young of Yancey—74. The question then recurring upon the passage of the bill its third reading, it was decided in the affirmative—yeas 63, mays 25. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: 1802-63.] HOUSE JOURHAL. 175 Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Beam, Berry, Best, Bizzell, Brown, Bryan, Bryson, Bnrgin, Burns, Bynnm, Carpenter, Carson, Costner, Craig, Dunn, Flynt, Foust, Gentry, Glenn, Greene, Grissom, Hampton, Henry of Henderson, Headen, Hooper, Horton, Jenkins, Keener, Kelly, Kerner, Laws, Long, Lyle, McAden, McCormick, McKay, McRae, Parks, Patterson, Perkins, Richardson, • Bobbins, Russ, Shepherd, Sherwood, Shober, Smith of Washington, Sprnill, Wallen, Walser, Watson, Well- Lorn, Woodall, Young of Iredell, and Young of Yancey—63. Those who voted in the negative are: Messrs. Cowles, Crawford, Foy, Gilliam, Grier, Harrison, Hawes. Howard, Ingram, Joyner, Judkins, Lemmonds,Logan, Love, Mann of Hyde, Mann of Pasquotank, Manning', Pearce, Peebles, Reynolds, Rives, Rhodes, Robinson, Waddell and Williams—25. Mr. McAden moved to reconsider the vote just had, and moved to lay that motion on the table. The Speaker ruled that the gentleman could have but one motion before the House at a time. Mr. McAden then moved fo reconsider the vote. On motion of Mr. Grissom, that motion was laid upon the table. On motion of Mr. Peebles, H. B. 147, for the relief of Sheriff.', was taken up and read the second time. The bill was considered and rejected. Received from the Senate a message, therewith transmit¬ ting the following engrossed bills: A bill, Ho. 272, for the relief of persons who have overpaid or may hereafter overpay, taxes. Read first time and passed. A bill, 273, to authorize C. A. Boon, Sheriff of Guilford, and Jos. Lusk, Sheriff of Gaston, to collect arrears of taxes. Read first time, and nnder a suspension of the rules, was passed its second reading. A bill, 274, to authorize the Auditor of Public Accounts to administer oaths.' Read first time and passed. •On motion of Mr. Mann of Pasquotank, H. B. Ho. 232? 176 HOUSE JOURNAL. [Session concerning land heretofore entered, was taken op and nnder a suspension of the rules, passed its second and third readings. Received from the Governor, by his Private Secretary, Mr. R. H. Battle, a message transmitting a proposition from Messrs. Jones to manufacture salt for the State. Mr. Waddell introduced a resolution to carry out the views of the Governor. Read first time, passed, and under a sus¬ pension of the rules, was read the second time and rejected. On motion of Mr. Shepherd, Ordered, That a message be sent to the Senate with the message of the Governor, and stating that the House of Com¬ mons proposes to refer the subject to the joint committee on. supply of salt. On motion of Mr. Shepherd, the House went into secret session. Which being over, on motion of Mr. Walser, H. B. No. 33, a bill for the relief of the wives and families of soldiers in the army, was taken up and read the third time. The question being upon the adoption of the amendment offered by the committee, Mr. Manning offered an amendment to the 4th section, which was not agreed to. Mr, Bynum offered a proviso to the 3d section, which was not agreed to. Pending the consideration of H. B. 33, On motion, The House adjourned until to-morrow 10 o1 clock. SATURDAY, Jaotaky 24, 1863. Mr. Robbins, from the Judiciary Committee, reported ad¬ versely H. B. 183, concerning Sheriffs and their sureties. Mr. Fowle, from the same, reported adversely to H. B. 269, to authorize guardians and others holding funds in trust to invest the same in Confederate bonds. 1862—'63-3 HOUSE JOURNAL* 477 Mr. Burgin, from the Committee oil Claims, reported fa¬ vorably H. R. 244, in favor of Daniel Tucker. Also, favorably, H. R. 247, in favor of Wm. E. Shaw. tJnder a suspension of the rules, this resolution was passed its second and third readings. Also, from the same, favorably> It. R. 205, in favor of A. B. Downs. Also, favorably, H. R. 202, in faVor of W. W. Crier. Also, a memorial of Jos. D. Hayes, with a resolution, 277, in favor of Jos. D. Hayes. Mr. Bryson presented a resolution instructing the Judi¬ ciary Committee to inquire into the title of a certain grant. Mr. "Waller introduced a bill, No. 276, to incorporate the town of Marshall. Read first time and passed, and, under a suspension of the rules, was passed its second and third readings. Mr. Shober introduced a bill, No. 278, concerning Nota¬ ries Public. Read first time, passed, and referred to Judi¬ ciary Committee. Mr. Mann of P. a bill, 279, concerning administration on soldiers' estates. Read first time, passed, and referred to Judiciary Committee. Mr. Horton a bill, No. 284, to repeal an act passed this session of the General Assembly, in relation to county site of Mitchell county. Read first time, passed, and referred to Committee on Propositions and Grievances. Mr. Hawes introduced a bill, 280, to amend the charter of the town of Wilmington. Read first time and passed, and, under a suspension of the rules, was passed its second and third readings. Mr. Sherwood a bill, 2S5, to incorporate Springfield Lite¬ rary Society. Read first time, passed, and referred to the Committee on Education. Received from the Senate a message, stating that the Sen¬ ate proposes to the House of Commons that on Monday next? at 12 o'clock, the two Houses go into secret session, to hear a communication from the Governor, and that a committee of 12 178 HOUSE JOURNAL. [Session two upon its part, and three on the part of the House he ap¬ pointed to wait upon His Excellency, and inform him of this action of the two Houses. Which was agreed to. Ordered, That Messrs. Albritton, Bynum and Foust consti¬ tute our part of said committee. The Speaker announced that the House would now pro¬ ceed to the appointment of magistrates in fulfillment of the joint order. Mr. McAden moved to postpone the said appointments to the 3d Monday of November, 1864. Not agreed to. Mr. Costner presented the following resolution: Resolved, That it is the sense of this House, that Justices of the Peace, to be appointed by this General Assembly, ought to be persons not subject to the conscription act of CJongress. Which resolution was passed. The appointment of magistrates was then proceeded with, .the roll of counties being called alphabetically. When the! county of Forsythe was called, objection was imade to the list, but the House sustained the recommenda- rtion—yeas 52, nays 25. A call for the yeas and nays being seconded by one-fifth .of the members present, Those who voted in the affirmative are: Messrs. Allison, Albritton, Alford, Amis, Bernhardt, Bar- iringer, Beall, Benbury, Berry, Best, Bryan, Bryson, Burgin, and appoint a committee of three for each Captain's district in the county, whose duty it shall be to canvass their district and take a true list of the names and number of indigent fam¬ ilies in the district, and the number composing each samily, and it shall be the duty of said committee or one of their number, at as early a day as practicable, to report the same in writihg to the Clerk of the county court, who shall furnish tne county Commissioners with a statement of the number of indigents, under the official seal of his office, and the county Gomm:issi6ners shall furnish the official report so made to the' 1862—'63-3 HOUSE JOURNAL. 183 Treasurer, and draw liis portion of the fund hereby appro¬ priated." "Be it further enacted, That the appropriations hereby made, shall extend to all soldiers' families in indigent circum¬ stances who are in the service or have been in the service or who have died or been disabled by wounds received in the service in this State, or of the Confederate States; Provided, That those counties which are now in the possession of the enemy and no Commissioner can be appointed to receive its quota, the Treasurer shall not withhold the distribution on that account, but shall proceed after receiving a statement of all the Commissioners from the counties not overrun by the enemy, to divide the amount among the counties repre¬ sented at the Treasury ; and Provided further, that it shall be the duty of the Treasurer to make diligent enquiry, and satisfy himself fully before the distribution is made, that all the counties not occupied by the enemy are represented." "Which amendment was not agreed to—yeas 32, nays 59. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative, are: Messrs. Albritton, Best, Bizzell, Brown, Bynum, Cobb, Da¬ venport, Foy, Gilliam, Grier, Hawes, Hodges, Hooper, Jud- kins, Lemmonds, Logan, Long, Manning, Peebles, Perkins, Person, Reynolds, Rives, Rhodes, Robinson, Russ, Shepherd, Smith of Washington, Spruill, Stanford, Stancill and Wood- all—32. Those who voted in the negative, are: Messrs. Allison, Alford, Amis, Bernhardt, Barringer, Beall, Beam, Benbury, Berry, Bryan, Bryson, Burgin, Burns, Car¬ penter, Carson, Costner, Cowles, Craig, Flynt, Foust, Fowle, Gentry, Greene, Grissom, Hampton, Harris of Chatham, Henry of Henderson, Headen, Hollingsworth, Howard, Hor- ton, Ingram, Jenkins, Keener, Kelly, Kerner, Laws, Love, Lyle, Mann of Hyde, Mann of Pasquotank McAden, McCor- rrick, McNeill, McRae, Parks, Patterson, Pearce, Richardson, 184 HOUSE JOURNAL. [Session Riddick, Robbing, Sherwood, Shober, Waddell, Wallen, Wal- ser, Wellborn, Young of Iredell and Young of Yancey—59. The question recurring upon the amendment of Mr. Brown, Mr. Amis called for a division of the question^ and the ques¬ tion being shall the House strike out all after the word " ac¬ cording " in the 3rd section \ it was decided in the negative. Yeas 33, nays 58. A call, for the yeas and nays being seconded by one-fifth of the members present Those who voted in the affirmative are { Messrs. Albritton, Bizzell, Brown, Bynum, Cobb, Fleming, Foy, Gilliam, Grier, Hawes, Hodges, Judkins, Keener, Lem- monds, Logan, Love, Mann of Hyde, Manning, McKay, Peebles, Perkins, Person, Reynolds, Rives, Rhodes, Robin¬ son, Russ, Shepherd, Smith of Washington, Spruill, Stanford, Stancill and Woodall—33. Those who voted in the negative are : Messrs. Allison, Alford, Amis, Bernhardt, Barringer, JBe&ll, Beam, Benbnry, Berry, Bryan, Bryson, Burgin, Burns, Carpenter, Carson, Gostner, Cowles, Craig, Davenport, Flynt, Poust, Fowle, Gentry, Greene, Grissom, Hampton, Harris of Chatham, Henry of Henderson, Headen, Holliugsworth, Hooper, Howard, Horton, Ingram, Jenkins, Kelly, Kerner, Laws, Lyle, Mann of Pasquotank, McAden, McCormick, McNeill, McRae, Parks, Patterson, Pearce, Richardson, Rid¬ dick, Bobbins, Sherwood, Shober, Waddell, Wallen, Walser, Wellborn, Young of Iredell, and Young of Yancey—58. Mr. Benbury withdrew the amendment offered by him in committee and reported by that body. On motion of Mr. Mann of P., an amendment was agreed to that counties in the East overrun by the enemy should be paid in N. C. Treasury notes, and that they should not be compelled to comply with the provisions as to the meeting of Justices. Mi'. Peebles moved that the House do now adjourn until to-morrow 10 o'clock. Not agreed to. The bill then passed its third reading. 1862—'63.3 HOUSE JOURNAL. 185 Received from the Public Treasurer a communication con¬ cerning State Finances. Read and referred to the Cpmmittee on Finance. Received from His Excellency, the Governor, by his Pri¬ vate Secretary, Mr. R. H. Battle, a message transmitting certain resolutions passed by the Legislature of the State of Georgia. On motion of Mr. Amis, Ordered, That a message be sent to the Senate transmitting the message of the Governor, with a proposition to print the same. The Speaker announced that the following bills had been examined and found correct, and that he had signed and approved the same: A resolution to correct errors in tax rolls of Burke county; A bill to amend the 1st, 12th and 23rd sections of the 17th chapter of Acts of 1861; A bill for the relief of Landlords. On motion, the House adjourned until to-morrow 10 o'clock. TUESDAY, January 27, 1863. f? Mr. Greene presented a petition from citizens of Stanly coun¬ ty for the appointment of a Justice of the Peace. Recom¬ mended and transmitted to the Senate. Mr. Love presented the following resolutions : Whereas, Imputations upon the loyalty of the General As¬ sembly of North-Carolina have been current in our own and sister States of the Confederacy, and as the said imputations have been made of undue importance by the notice taken of them, it has become necessary to give them a full and explicit denial; be it therefore Resolved, That the members of this General Assembly have no hesitation in reiterating their solemn pledges of loyalty and fidelty to the Southern Confederacy. That their firm 186 HOUSE JOURNAL. [Session confidence in the final success of the present just, necessary and righteous war, remains unshaken, and they pledge them¬ selves as private citizens, as well as Legislators, to pursue this war to any extremity sooner than accept term3 short of a full and unconditional independence, political and commercial, of the United States of America. We also emphatically and sincerely disclaim any intention of accepting a peace which would include a reconstruction of the late Union in any form or modification whatever. Resolved, That the Senate, concurring, the Speaker of each House be requested to forward a copy of these resolutions to our Senators and Representatives in Congress that they may present them to that body and thus place on public record this our final and irrevocable determination. Mr. Grrissom offered the following substitute as an amend¬ ment : Whekkas, Yarious slanderous reports have been circulated both in the State and out of it, reflecting upon the loyalty of the members of the Legislature and the people of this State, and ascribing to them hostility to the Confederate Govern¬ ment, and a desire to reconstruct the Union. Therefore, be it unanimously Resolved, That as the representatives of the people and in our own behalf as individual citizens of the State, we protest against and denounce these accusations as utterly false in letter and in spirit, as calculated to misrepresent the senti¬ ments of those who have never faltered in the support of all constitutional measures for the prosecution of the war, and as tending to produce jealousies and heart-burnings among a people who have sealed their devotion to the cause of South¬ ern Independence with their blood upon the proudest battle¬ fields of the revolution; that the charge of a desire on the part of this Legislature or any portion of it to conflict with the Confederate government, or to embarrass the President in the prosecution of the war is grossly untrue, illiberal and slanderous; that we hereby pledge ourselves most heartily and emphatically to the most vigorous constitutional war 1862-63.] HOUSE JOURNAL. 1ST policy, promising in the name of North Carolina the most liberal contribution of men and money to the support of it, and protesting against any settlement of the struggle which does not secure the entire independence of the Confederate States of America. Mr. Person moved that both resolutions be laid upon the table and be printed. Not agreed to—yeas 36, nays 60. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Amis, Beall, Beam, Berry, Bizzell, Brown, Burgin, Bynnm, Cobb, Costner, Crawford, Fleming, Foy, Gilliam, Grier, Hawes, Henderson, Hodges, Hooper, Joyner, Judkins, Logan, Long, Love, Manning, McKay, Peebles, Person, Rey¬ nolds, Rives, Rhodes, Robinson, Shepherd, Stanford, Stancill and Williams—36. Those who voted in the negative are : Messrs. Allison, Alford, Avera, Bernhardt, Barringer, Ben- bury, Best, Bryan, Bryson, Burns, Carpenter, Carson, Cowles, Craig, Flynt, Foust, Fowle, Gentry, Glenn, Greene, Grissom, Hampton, Harris of Chatham, Harrison, Henry of Hender¬ son, Headen, Hollingsworth, Howard, Horton, Ingram, Jen¬ kins, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCormick, McNeill, Mc- Rae, Parks, Patterson, Richardson, Riddick, Robbins, Russ, Sherwood, Shober, Smith of Washington, Sprnill, Waddell, Wallen, Walser, Watson, Wellborn, Woodall, Young of Ire¬ dell, and Young of Yancey—60. On motion of Mr. Amis, the amendment • of Mr. Grissom was amended by inserting after the word "Legislature" the words " and the people of the State." Mr. Fleming moved that both resolutions be postponed until 11 o'clock to-morrow and be printed. Not agreed to— Yeas 50, nays 52. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are s 188 HOUSE JOURNAL. [Session Messrs. Albritton, Amis, Avera, Bernhardt, Beall, Beam, Berrj, Bizzell, Brown, Bryan, Bynum, Cobb, Costner, Craig, Crawford, Davenport, Davis, Fleming, Foy, Gilliam, Grier, Hawes, Henderson, Ileaden, Hodges, Hooper, Joyner, Jud- kins, Keener, Lemmonds, Logan, Long, Love, Manning Mc¬ Kay, Pearce, Peebles, Person, Reynolds, Rives, Rhodes, Robinson, Russ, Shepherd, Stanford, Stancill, Yann, Wallen, Williams and Woodall—50. Those who voted in the negative are: Messrs. Allison, Alford, Barringer, Benbury, Best, Bryson, Burgin, Burns, Carpenter, Carson, Cowles, Flynt, Foust, Fowle, Gentry, Greene, Grissom, Hampton, Harris of Chat¬ ham, Harrison, Henry of Henderson, Hollingsworth, Howard, Horton, Ingram, Jenkins, Kelly, Kerner, Laws, Lyle, Mann, of Hyde, Mann of Pasquotank, McAden, McCormick, Mc¬ Neill, McRae, Parks, Patterson, Richardson, Riddick, Rob- bins, Sherwood, Shober, Smith of "Washington, Spruill, Wad- dell, Walser, Watson, Wellborn, Young of Iredell, and Young of Yancey—52. The question then recurring upon the substitution of Mr. Grissom's amendment to Mr. Love's resolutions, Mr. Fleming called for a division of the question. The Speaker stated the question as being: Shall the reso¬ lutions of Mr. Love be stricken out after the word " whereas;" and it was decided in the affirmative—yeas 67, nays 27. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bizzell,Bryan, Bryson, Burgin, Burns, Carpenter, Carson, Cowles, Craig, Flynt, Foust, Fowle, Gentry, Greene, Grissom, Hampton, Harrison, Henry of Henderson, Headen, Hollingsworth, Howard, Horton, Ingram, Jenkins, Joyner, Keener, Kelly, Kerner, Laws, Long, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, Mc¬ Cormick, McNeill, McRae, Parks, Patterson, Pearce, Rich¬ ardson, Riddick, Rhodes, Robbins, Sherwood, Shober, Smith 1862-63.] HOUSE JOURNAL. 189 of "Washington, Spruill, Waddell, Wallen,- Walser, Watson, Wellborn, Woodall, Young of Iredell, and Young of Yan¬ cey—67. Those who voted in the negative are : Messrs. Brown, Cobb, Costner, Crawford, Davenport, Davis, Fleming, Foy, Gilliam, Grier, Hawes, Henderson, Hooper, Judkins, Lemmonds, Logan, Love, Manning, Person, Rey¬ nolds, Rives, Robinson, Russ, Shepherd, Stanford, Stancill and Williams—27. On motion of Mr. Amis, the substitute of Mr. Grissom was amended by adding the following as an additional section : JResolved, That the Governor be requested to communicate a copy of these resolutions to the Governors of the several States of the Confederacy, and also to our Senators and Representatives in Congress to be laid before their respective bodies. The question then being upon substituting Mr. Grissom's amendment, it was decided in the affirmative—Yeas 83, nays 13. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are: Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bizzell, Bryan, Bry- son, Burgin, Burns, Bynum, Carpenter, Carson, Cowles, Craig, Davis, Fleming, Flynt, Foust, Fowle, Foy, Gentry, Greene, Grissom, Hampton, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Henderson, Headen, Hollingsworth, Hooper, Howard, Horton, Ingram, Jenkins, Joyner, Judkins, Keener, Kelly, Kerner, Laws, Long, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCormick, McKay, McNeill, McRae, Parks, Patterson, Pearce, Richardson, Riddick, Rhodes, Robbins, Russ, Shepherd, Sherwood, Shober, Smith of Washington, Spruill, Stancill, Vann, Waddell, Wallen, Walser, Watson, Wellborn, Williams, Woodall, Young of Ire¬ dell, and Young of Yancey—83. Those who voted in the negative are : 190 HOUSE JOURNAL. [Session Messrs. Brown,. Cobb, Costner, Crawford, Davenport, Gil¬ liam, Grier, Hodges, Lemmonds, Love, Manning, Rives and Robinson—13. When his name was called, Mr. Person asked that he be excused from voting, and the House granted his request. The question then recurring upon the passage of the reso¬ lutions as amended, it was decided in the affirmative—Yeas 82, nays 9. A .call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bizzell, Bryan, Bry- son,Burgin, Burns, Bynum, Carpenter, Carson, Cowles, Craig, Davis, Pleming, Plynt, Foust, Fowle, Foy, Gentry, Greene, Grissom, Hampton, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Henderson, Headen, Hollingsworth, Hooper, Howard, Horton, Ingram, Jenkins, Joyner, Judkins, Keener, Kelly, Kerner, Laws, Long, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCormick, McKay, McNeill, McRae, Parks, Patterson, Pearce, Richardson, Riddick, Rhodes, Robbins, Russ, Shepherd, Sherwood, Shober, Smith of Washington, Spruill, Stancill, Vann, Waddell, Wallen, Walser, Watson, Wellborn, Williams, Woodall, Young of Iredell, and Young of Yancey—82. Those who voted in the negative are : Messrs. Brown, Cobb, Costner, Crawford, Gilliam, Hodges, Lemmonds, Love and Rives—9. Pending the announcement of the vote, Mr. Cowles moved that members who were within the bar of the House when their names were called be compelled to vote. Agreed to, and several members recorded their votes. Mr. Fleming, from the Committee on Internal Improve¬ ment reported H. B. 126, to amend the charter of the Chat¬ ham Railroad Company, favorably, with an amendment. Also by the same, adversely, H. B. 178, to surrender to indi¬ viduals the State's interest in Deep River Navigation Works. 1862-63.] HOUSE JOURNAL. 191 Received from the Senate a message transmitting the following engrossed bills and resolutions, which were read the first time and passed : 289, a resolution in favor of Mary C. Gully ; 290, a resolution in favor of Exr. of J udge Dick; 291, resolution in favor of L. L. Clements ; 292, a bill to amend 18th sec. 28th chapter of the Revised Code; 293, a bill concerning State Educational Association ; 291, a bill to amend the charter of the town of Pittsboro ; 295, a bill to incorporate Yestal's Ford Toll Bridge Corn-* pany. Received from the Senate a message transmitting addi¬ tional nominations for magistrates. Which were agreed to. Mr. Mann of Hyde, introduced resolution No. 296, in favor of George Credle. Read first time, passed, and under a suspension of the rules, passed its second and third readings. Mr. Cowles introduced resolutions as to personal liberty. Read first time, passed and ordered to be printed and made the special order for to-morrow at 12 o'clock. The Speaker announced that he had approved and signed the following bills and resolutions : A bill to change the Probate Courts of Rutherford county ; An act to amend an act passed this session' of the General Assembly concerning money due deceased soldiers ; An an act to change the term of the County Court of Stokes -county; An act to change the time of holding County Courts of Ashe county; An act to admit proof of hand-writing of attesting wit- messes in certain cases; A resolution authorizing the Doorkeeper to purchase for the Capitol a flag of the Confederate States; A resolution as to exchange of salt; A resolution in favor of Rufus Galloway and his sureties. The special order was then iaken up, it being a resolution, 283, to authorize the Governor to make salt contracts. 192 HOUSE JOURNAL. [Session Mr. Gentry offered an amendment that the Governor should " advertise for proposals." Mr. Russ, an amendment to the amendment, that the com tracts shall he made by the bushel. Mr. Cowlea desired to amend by inserting after the word " sea-coast" the word or " elsewhere." On motion of Mr. Cobb, the resolution and amendments were laid on the table. Leave of absence was granted to Mr. Kerner. Mr. Mann presented a list of magistrates for Bertie county. Mr. Watson desired to add one name to the list from Alamance. The same being approved. Ordered, That they be transmitted to the Senate. Mr. Watson, from the Committee on Propositions and Grievances, reported favorably H. R. 249, in favor of Wm. J. Murray. Mr. Person, from the Committee on Military Affairs, reported favorably H. B. 109, to amend an act entitled Militia Bill, ratified September 20, 1861. Mr. Stancill introduced a bill 298, to exempt old men from militia duty. Read first time and passed. Mr. Bryson, a bill 299, to lay off a new county by the name of Hill. Read first time, passed and referred to the Commit¬ tee on Propositions and Grievances. Mr. Walser, a bill 300, to authorize Executors and others holding funds in trust to vest the same in Confederate Stocks. Read first time and passed. Mr. Walser moved to suspend the rules that the bill might be read the second time. Not agreed to. On motion of Mr. Shepherd, H. B. 126, to amend the charter of the Chatham Railroad Company was taken up. On motion, the House took a recess to 7 o'clock. 1862—^63.] HOUSE JOURNAL. 193 Night Session—TUESDAY, January 27, 1862. The bill, 126, to amend the charter of the Chatham Railroad Company, was read the second time. The amendment of the committee was agreed to. On motion of Mr. McKay, the bill was further amended by striking out the 2nd section and inserting a substitute. On motion of Mr. Fowle, the rules were suspended, and the bill was read the third time, and passed—Yeas 60, nays 21. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Allison, Alford, Avera, Barringer, Reall, Ream, * Benbury, Best, Bryan, Bryson, Burgin, Burns, Carpenter, Costner, Craig, Davenport, Dunn, Fowle, Foy, Gentry, GIennf Grissom, Hampton, Harris of Chatham, Hawes, Henderson, Headen, Hollingsworth, Boward, Horton, Ingram, Jenkins, Joyner, Judkins, Keener, Kelly, Laws, Logan, Love, Lyle, Mann of Pasquotank, McCormick, McKay, McNeill, McRae, Parks, Richardson, Robbins, Russ, Sherwood, Shober, Smith of Washington, Spruill, Waddell, Wallen, falser, Wellborn, WoodalJ, Young, of Iredell, and Young of Yancey—60. Those who voted in the negative are : Messrs. Albritton, Berry, Bynum, Cobb, Crawford, Grier, Harrison, Kirby, Long, Mann of Hyde, Manning, McAden, Patterson, Perkins, Reynolds, Riddick, Rives, .Rhodes, Robinson, Stancill, Stanford and Watson—21. On motion, the House adjourned until to-morrow 10 o'clock. WEDNESDAY, January 2S, 1863. The Speaker announced that he had approved and signed the following bills and resolutions: An act for the relief of Wm. E. Mann, late sheriff of Pas¬ quotank county; An act in favor of Thos. J. Carr; An act to amend the charter of the city of Raleigh; 13 194 HOUSE JOURNAL. [Session An act to legalize and confirn the acts and judicial pro¬ ceedings of a County Court held in Lincoln county ; An act to incorporate Silver Lead Mining Company ; An act to amend the act ratified December 20th, 1862, entitled an act to provide ways and means for supplying the Treasury ; Resolution in favor of John A. Long; A resolution in favor of John Fisher; Resolution in favor of M. L. Brittain ; An act to establish a Female Seminary in Davidson county by the name of Beatavilla ; Resolution in favor of W. W. Long; An act in favor of J. H. Allen ; A resolution in favor of Oscar D. Johnson ; A resolution in reference to a room for Engrossing Clerks J Resolution in favor of G. B. Threadgill; Resolution in favor of M. Walker; An act to incorporate the Unokoa and Hiawassee Turnpike ■Company ; Resolution in favor of Drury lung; An act to authorize the Governor to employ a messenger in ?ibe Executive Department; Resolution in favor of W. H. Bryson; Resolution in favor of Charles Byrd; An act to incorporate the Western North Carolina Mining, 'Smelting and Copperas Manufacturing Company. Received from the Senate a message transmitting nomina- ■ nations for magistrates for Chowan county. Which were recommended. Mr.-Shepherd, from the Committee on Finance, reported a bill, 301, supplemental to an act to provide ways and means ■for supplying the Treasury. Read first time and passed, and under a suspension of the .rules, passed its second and third Teadings. Mr. Waddell, from the Judiciary-Committee, reported ad¬ versely H. B..236, concerning emancipation of slaves by will. 1862-'63.] HOUSE JOURNAL. 195 Mr. Peebles moved to suspend the rules that the hill might "be read the second time. Hot agreed to. Mr. McKay, from the Judiciary Committee, reported favorably H. B. 287, for the relief of the citizens of Alleghany county. On motion of Mr. Gentry, the rules were suspended, and the bill passed its second and third readings. Mr. Peebles, from the Jndieiary Company, reported favor¬ ably with a substitute, H. B. 241. The rules being suspended, the substitute was agreed to, and the bill as amended passed its second and third readings. Mr. Waddell, from the Judiciary Committee, reported favorably H. B. 278, concerning notaries public. Mr. Watson, from the Committee on Small Pox, reported a bill 302, which was ordered to be printed. By leave of the House, Mr. Cowles was allowed to record his vote against the passage of the bill to amend the charter of the Chatham Railroad Company. Mr. Grissom introduced a resolution 303, to authorize the Secretary of State to employ a Clerk. Read first time, passed and referred to the Committee on Propositions and Grievances. Mr. Bryson, a bill 304, to restore to credit N. G. Howell, of Cherokee. Read first time, passed and referred to the Judi¬ ciary Company. Mr. Hooper, a bill 305, to legalize the proceedings of a County Court in Catawba county. Read first time and passed, and under a suspension of the rules, passed its second and' third readings. Mr. Burns, a bill 306, to amend section 2, chapter 64 of the Revised Code. Read first time, passed and referred to the •Judiciary Committee. On motion of Mr. Costner, H. R. 244, in favor of Daniel Tucker was taken up and passed its second and third readings. On raotioti of Mr. Grissom, H. B. 14, to regulate the cur¬ rency between debtor and creditor was taken up, and the House proceeded to consider the same.. 106 HOUSE JOURNAL. [Session On motion of Mr. Walser, the bill was amended by striking: out near the end of the 2nd section the words " accrued or.'r Mr. Henderson offered the following as a substitute : Besolvcd, That our Senators in Congress be instructed and our Representatives requested to endeavor t© have a law enacted making Confederate Treasury notes a legal tender. Mr. McRae moved to lay the whole matter on the table- Hot agreed to—Yeas 38, nays 56. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Amis, Barringer, Beall, Beam, Benbury, Berry, Best, Burns, Cobb, Costner, Dunn, Fleming, Fowle, Gilliam, Harris, of Cabarrus, Hawes, Henry of Bertie, Henry of Henderson, Hodges, Jenkins, Kelly, Lemmonds, Long,. Manning, McAden, McRae, Rives, Rhodes, Bobbins, Rob¬ inson, Shepherd, Shober, Smith of Washington, Stancill, Vann, Wallen and Young of Iredell—38. Those who voted in the negative are : Messrs. Albritton, Alford, Avera, Bernhardt, Bizzell, Brown, Bryan, Carpenter, Carson, Cowles, Craig, Crawford, Davie, Flynt, Foust, Foy, Gentry, Greene, Grier, Hampton, Harri¬ son, Henderson, Headen, Hollingsworth, Howard, Horton, Ingram, Joyner, Judkins, Keener, Kirby, Laws, Logan, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McKay,. McNeill, Parks, Patterson, Bearce, Perkins, Person, Reynolds, Richardson, Russ, Sherwood, Spruill, Stanford, Waddell, Walser, Watson, Wellborn, Williams and Young of Yan¬ cey—56. Mr. Crawford offered the following as a substitute : Seo. 1. Be it enacted by the General Assembly of the State of North Carolina,, and it is hereby enacted by the authority of the samer That all contracts for the payment of money hereafter made shall be construed to be payable in Confed¬ erate or North Carolina Treasury notes, unless the contrary shall be made clearly to appear by written agreement bet ween the parties. And in all contracts for the delivery of specific 1862—'63.] HOUSE JOURNAL. 197 articles hereafter made, any damages to f)e recovered for breach thereof, shall be construed to be payable in 'Confed¬ erate or North Carolina Treasury notes, unless the contrary ■shall be made clearly to appear by written agreement between the parties. Sec. 2. This act shall be in force from and after its passage. The question being on the proposition to strike out all of the original bill, and then insert the amendment of Mr. Crawford to the amendment of Mr. Henderson, a division of the question was called for, and the question being shall the House strike out, it was decided in the affirmative—Yeas 48, nays 46. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are': Messrs. Allison, Amis, Avera, Beam, Benbury, Berry, Best, Brown, Bryson, Burns, Cobb, Costner, Crawford, Davis, Dunn, Fleming, Fowle, Gilliam, Grier, Harris of Cabarrus, Harris of Chatham, Hawe8, Henderson, Henry of Bertie, Henry of Henderson, Jenkins, Judkins, Kelly,Kirby, Lemmonds, Long, Love, Manning, McAden, McKay, Peebles, Person, Reynolds* Rhodes, Robbins, Robinson, Shepherd Shober, Smith.of Wash¬ ington, Stancill, Yann, Wallen and Young of Iredell—18. Those who voted in the negative are': Messrs. Albritton, Alford, Bernhardt, Barringer, Bizzell, Bryan, Burgin, Carpenter, Carson, Cowles, Craig, Flynt, Foust, Foy, Gentry, Glenn, Hampton, Harrison, Headen, Hodges, Hollingsworth, Howard, Horton, Ingram, Joyner, Keener, Laws, Logan, Mann of Pasquotank, McOormick, McNeill, McRae, Parks, Patterson, Pearce,. Perkins, Richard¬ son, Russ, Sherwood, Spruill, Stanford, Waddell, Walser, Watson, Wellborn and Williams—46. The special order was then taken up, it being the resolu¬ tions concerning personal liberty, introduced by Mr. Cowles. On motion of Mr. Foy, the following resolutions were ac¬ cepted as additional: Resolved) That the military power is subordinate to, and governed by the civil authorities j and that the General As- 198 HOUSE JOURNAL. [Session* scmbly hereby requires and directs the Judges of this State who have taken an oath to administer the law, to see that the writs of habeas corpus issued by them are executed. Resolved, That this Legislature hereby request and instruct their Senators and Representatives in Congress to urge, and to procure if possible, a repeal of the law passed authorizing the President to suspend, in his discretion, the writ of habeas corpus. On motion of Mr. Shepherd, the second resolution offered by Mr. Poy, and accepted by Mr. Cowles, was stricken out. The question then recurring upon the passage of the reso¬ lutions, it was decided in the affirmative—yeas 67, nays 26. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Allison, Albritton, Alford, Avera, Bernhardt, Bar- ringer, Beall, Beam, Benbnry, Berry, Best, Bizzell, Bryan, Bryson, Burgin, Burns, Carpenter, Cowles, Craig, Dunn, Elynt, Foust, Fowle, Foy, Gentry, Glenn, Grissom, Hamp¬ ton, Harris of Cabarrus, Harris of Chatham, Hawes, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth, How¬ ard, Horton, Ingram, Jenkins, Joyner, Keener, Kelly, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, Mc- Cormick, McHeill, McRae, Parks, Patterson, Pearce, Per¬ kins, Rhodes, Robbins, Russ, Sherwood, Shober, Waddell, Wallen, Walser, Watson, Wellborn, Young of Iredell, and Young of Yancey—67. Those who voted in the negative are: Messrs. Brown, Cobb, Costner, Crawford, Fleming, Gilliam, Grier, Harrison, Henderson, Hodges, Judkins, Lemmonds, Logan, Long, Love, Manning, Person, Reynolds, Richardson, Robinson, Shepherd, Spruill, Stanford, Stancill, Yann and Williams—26. On motion of Mr. Shepherd, H. B. 197, was made the spe¬ cial order for to-morrow at 11 o'cloek. Mr. Harris of Cabarrus, moved to reconsider the vote by which Mr. Walser's bill was stricken out. 1862-63.] nOUSE JOUBHAL. 109 Pending which motion, The House adjourned until to-morrow 10 o'clock. THUESDAY, January 29, 1863. Mr. Love from the Committee on Internal Improvements, reported a resolution of instruction concerning the Governor employing slaves on works of Internal Improvement, and asked to be discharged from its further consideration. Mr. Allison from the Committee on Propostions and Griev¬ ances, reported favorably, H. B. 299, to lay off a new county by the name of Hill. Mr. Fleming from the Judiciary Committee, reported, ad¬ versely, H. B. 269, to authorize guardians and others holding funds in trust, to invest the same in Confederate Bonds. Mr. Shepherd presented the following resolution : Resolved, That so much of the special message of His Ex¬ cellency, the Governor, as relates to the company officers in the troops of this State now in the Confederate States service, and also to amendment of militia law—if the militia shall be used to aid in the execution of the conscription law—be re¬ ferred to the Committee on Military Affairs; and that so much of the said message as relates to the establishment of a commission for the investigation of'charges against citizens arrested by the military authorities and to the power of the Governor to call out the militia during the sessions of the General Assembly, to the Judiciary Committee. Mr. Fleming asked that H. B. 151, be referred to the Ju¬ diciary Committee. Mr. Person from the Committee on Military Affairs, re¬ ported, adversely, H. B. 209, a bill tore-organize the militia; also, from the same, a memorial of John A. Cornish, and ask to be discharged from its consideration. Mr. Lemmonds introduced a bill, Ho. 307, accompanied by a petition, to allow Jno. A. Carr to run a distillery. Eead 200 HOUSE JOURNAL. [Session first time, passed, and referred to Committee on Propositions and Grievances. The unfinished business was then taken up, it being the motion of Mr. Harris of Cabarrus, to reconsider the vote by ■which the bill of Mr. Walser was stricken out, and it wa3 de¬ cided in the affirmative—yeas 51, nays 44. A call for the yeas and nays being seconded be one-fifth of the members present, Those who voted in the affirmative are : Messrs. Albritton, Alford, Bernhardt, Barringer, Beall, Biz- zell, Bryan, Bryson,Burgin,Carpenter,Carson,Costner,Cowles, Craig, Davenport, Davis, Elynt, Foust, Foy, Gentry, Glenn, Greene, Hampton, Headen, Hodges, Hollingsworth, Hooper, , Howard, Horton, Joyner, Keener, Laws, Logan, Love, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McNeill, Parks, Pearce, Peebles, Perkins, Sherwood, Smith of Wash¬ ington, Spruill, Stanford, "Waddell, Walser, Williams and Young of Yancey—51. Those who voted in the negative are: Messrs. Allison, Amis, Beam, Berry, Best, Brown, Burns, Bynum, Cobb, Crawford, Dunn, Fleming, Fowle, Gilliam, Grissom, Harris of Chatham, Harrison, Ilawes, Henderson, Henry of Henderson, Ingram, Jenkins, Kelly, Kirby, Lem- monds, Long, Manning, McAden, McKay, McRae, Patterson, Person, Reynolds, Riddick, Rhodes, Robbins, Robinson, Shepherd, Shober, Stancill, Yann, Wallen, Watson and Young of Iredell—44. Pending its further consideration the special order was taken up, it being the bill 197, to amend the chapter of the Revised Code entitled Salaries and Fees. Mr. Shepherd offered to amend, so as to raise the salaries of the Judges from $1,950 to $2,500. Mr. Waddell moved to lay the whole matter upon the table ; which was not agreed to—yeas 41, nays 53. A call for the yeas and nays being seconded by one-fifth of the toembers present, Those who voted in the affirmative are: 1862-63.] HOUSE JOURNAL. 201 Messrs. Albritton, Alford, Brown, Bynum, Carson, Cobb,Cost- ner, Crawford, Davenport, Flynt, Foy, Gentry, Gilliam, Grier, Harris of Cabarrus, Harrison, Headen, Hollingsworth, Hooper, Howard, Horton, Kirby, Laws, Lemmonds, Long, Love, McKay, Peebles, Perkins, Person, Rives, Robinson, Rnss, Stanford, Stancill, Yann, Waddell, Walser, "Williams, Woodall and Young of Yancey—41. Those who voted in tl^e negative are: Messrs. Allison, Amis, Bernhardt, Barringer, Beall, Beam, Benbury, Best, Bizzell, Bryan, Bryson, Burgin, Burns, Car¬ penter, Craig, Davis, Dunn, Fleming, Foust, Fowle, Glenn, Greene, Grissdm, Hampton, Harris of Chatham, Hawes, Henderson, Henry of Bertie, Henry of Henderson, Joyner, Judkins, Keener, Kelly, Logan, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McAden, McCormick, McNeill, McRae, Parks, Patterson, Pearce, Reynolds, Richardson, Riddick, Rhodes, Robbins, Shepherd, Sherwood, Shober, Smith of Washington, Spruill, Wallen, Watson and Young of Iredell—58. The question then recurring upon the amendment of Mr. Shepherd, it was not agreed to—Yeas 36, nays 62. A call for the yeas and nays being seconded by "one-fifth of the members present, Those who voted in the affirative are : Messrs. Amis, Beall, Benbury, Bizzell, Bryan, Burgin, Burns, Davis, Dunn, Foust, Fowle, Grier, Grissom, Harris of Chatham, Hawes, Henderson, Henry of Henderson, Jenkins, Joyner, Judkins, Keener, Lemmonds, Love, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McRae, Parks, Pearce, Peebles, Person, Reynolds, Shepherd, Shober, Stan¬ ford and Williams—36. Those who voted in the negative are : Messrs. Allison, Albritton, Alford, Bernhardt, Barringer, Beam, Berry, Best, Bryson, Bynnm, Carpenter, Carson, Cobb, Costner, Cowles, Craig, Crawford, Davenport, Fleming, Flynt, Foy, Gentry, Glenn, Greene, Hampton, Harris of Cabarrus, Harrison, Henry of Bertie, Headen, Hodges, Hollingsworth, 2Q2 HOUSE JOUPNAL, [Session Hooper, Howard, Horton, Ingram, Kelly, Laws, Logan, Long, Manning, McAden, McKay, McNeill, Patterson, Perkins,, Pichardson, Hives, Phodes, Bobbins, Hobinson, Puss, Sher¬ wood, Smith of Washington, Staneill, Yann, Waddell, Wallen, Walser, Watson, Woodall, Young of Iredell, and Young of Yancey—62. Mr. McAden mbved that the 2nd section of the bill relat¬ ing to pay of members be stricken out, and it was agreed to—Yeas 91, nays 6. Mr. Watson asked for the yeas and nays. And the call being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Allison, Albritton, Alford, Bernhardt, Barringer, Beall, Beam, Benbury, Berry, Best, Brown, Bryan, Bryson, Burns, Bynum, Carpenter, Carson, Cobb, Costner, Cowles, Craig, Crawford, Davenport, Fleming, Plynt, Foust,-Fowle, Foy, Gentry, Gilliam, Glenn, Greene, Grier, Grissom, Hamp¬ ton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Henderson, Headen, Hodges, Hollings- worth, Hooper, Howard, Horton, Ingram, Jenkins, Joyner, Kelly, Kirby, Laws, Lemmonds, Logan, Long. Love, Lyle, Mann of Pasquotank, Maiming, McAden, McCormick, Mc¬ Kay, McNeill, McRae, Patterson, Peebles, Perkins, Person, Pichardson, Biddick, Pives, Phodes, Pobbins, Pobinson, Puss, Shepherd, Sherwood, Smith of Washington, Spruill, Stanford, Staneill, Yann, Waddell, Wallen, Walser, Watson, Wellborn, Willia'ms, Woodall, Young of Iredell, and Young of Yancey—91. Those who voted in the negative are : Messrs. Burgin, Henry of Bertie, Judkins, Keener, Mann of Hyde, and Peynolds—6. Mr. Waddell moved to amend by striking out all except that as to the Governor's salary. Mr. Kirby moved to strike out all after the enacting clause and insert: That the soldiers of North Carolina now in the field or who 18G2-'63.] HOUSE JOURNAL. 203 may hereafter be called out either in the service of this State or Confederate States, shall receive in addition to the pay now received from the Confederate government, three dollars per month during the continuance of their service, to be paid out of the Treasury of the State. 2nd. That this shall be in force from and after its ratifica¬ tion. Mr. Fleming moved to postpone indefinitely the bill and amendments. Hot agreed to—yeas 22, nays 72. A call for the yeas and nays being seconded by one-fiftKof the members present, Those who voted in the affirmative are: Messrs. Beam, Bynum, Cobb, Costner, Crawford, Daven¬ port, Fleming, Gilliam, Greene, Harison, Hodges, Howard, Judkins, Lemmonds, Logan, Long, Manning, Eeynolds, Eives, Eobinson, Stanford and Stancill—22. Those who voted in the negative are : Messrs. Allison, Alford, Amis, Barringer, Beall, Benbury, Berry, Best, Bizzell, Brown, Bryan, Burgin, Bums, Carpen¬ ter, Carson, Cowles, Craig, Davis, Dunn, Flynt, Foust, Fowle, Foy, Gentry, Glenn, Grier, Grissom, Hampton, Harris of Ca¬ barrus, Harris of Chatham, Hawes, Henderson, Henry of Bertie, Henry of Henderson, Headen, Ingram, Jenkins, Joy- ner, Keener, Kelly, Kirby, Laws, Love, Mann of Hyde, Mann of Pasquotank, McAden, McCormick, McKay, McNeill, McBae, Parks, Patterson, Pearce, Peebles, Perkins, Person, Richardson, Rhodes, Robbins, Rnss, Shepherd, Sherwood, Shober, Smith of Washington, Spruill, Wadded, Wallen, Walser, Watson, Wellborn, Williams and Woodall—72. The question then recurring upon the amendment of Mr. Kirby, Mr. Shepherd asked for a division of the question, and the question being: Shall the House strike out all after the enacting clause, it was decided in the negative. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Brown, Bynum, Crawford, Fleming, Grier, Hodges, 201 HOUSE JOURNAL. [Session Kir by, Logan, Manning, McKay, Peebles, Person, Reynolds, Rives, Robinson, Stanford, Stancill and Williams—18. Those who voted in the negative are": Messrs. Allison, Alford, Amis, Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bizzell, Bryan, Bryson, Burgin, Burns, Carpenter, Carson, Cobb, Costner, Cowles, Craig, Davenport, Dunn, Flynt, Foust, Fowle, Foy, Gentry, Gilliam, Glenn, Greene, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth, Hooper, How¬ ard, Horton, Ingram, Jenkins, Joyner, Judkins, Kelly, Laws, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCormick, McNeill, Parks, Patterson, Pearce, Perkins, Richardson, Riddick, Rhodes, Robbins, Russ, Shep¬ herd, Sherwood, Shober, Smith of Washington*1 Spruill, Yann, Waddell, Wallen, Walser, Watson, Wellborn, Woodall, Young of Iredell, Young of Yancey—81. The Speaker stated the question as now recurring upon the amendment of Mr. Waddell. Mr. Person submitted a point of order, whether the de¬ cision of the motion to strike out did not decide the whole question, as far as this reading of the bill was concerned. The Speaker decided, that in his opinion, the refusal of the House to strike out the whole bill, did not prevent the offer¬ ing of an amendment proposing to strike out a part of the same. The question being: Shall the House strike out all except that portion relating to the Governor's salary, it was decided in the affirmative—yeas 53, nays 42. A call for the yeas and nays beiDg seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Bernhardt, Beam, Berry, Bizzell, Brown, Bynum, Carson, Cobb, Costner, Cowles, Crawford, Davenport, Flem¬ ing, Flynt, Foy, Gentry, Gilliam, Greene, Grier, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Henderson, Headen, Hodges, Hollingsworth, Hooper, Howard, Ingram, 1862-'63.] HOUSE JOURNAL. 205 Judkins, Kirby, Laws, Long, Maiming, McKay, McNeill, McRae, Patterson, Peebles, Perkins, Person, Rives, Rhodes, Robinson, Russ, Stanford, Stancill, Yann, Waddell, Wallen, Williams and Young of Yancey—53. Those voted in the negative are: Messrs. Allison, Alford, Amis, Beall, Benburry, Best, Bryan, Bryson, Burgin, Burns, Carpenter, Craig, Dunn. Foust, Fowle, Glenn, Grissom, Henry of Bertie, Henry of Henderson, Horton, Jenkins, Joyner, Keener, Kelly, Logan, Love, Lyle, Mann of Hyde, Mann of Pasquotank, McCor- mick, Parks, Pearce, Richardson, Bobbins, Shepherd, Sher¬ wood, Shober, Spruill, Watson, Wellborn, Woodall and Young of Iredell —42. The bill then passed its second reading—yeas 65, nays 29. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are,: Messrs. Allison, Amis, Bernhardt, Beall, Beam, Benhury, Berry, Best, Bryan, Bryson, Burgin, Burns, Carpenter, Car¬ son, Cowles, Craig, Dunn, Fleming, Flynt, Foust, Fowle," Gentry, Glenn, Greene, Grissom, Hampton, Harris of Cabar¬ rus, Harris of Chatham, Harrison, Ilawes, Henderson, Henry of Henderson, Hollingsworth, Howard, Horton, Ingram, Jen¬ kins, Joyner, Judkins, Keener, Kelly, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McNeill, Parks, Patter¬ son, Perkins, Richardson, Rhodes, Robbins, Shepherd, Sher¬ wood, Shober, Smith of Washington,' Spruill, Waddell, Wal¬ len, Walser, Watson, Wellborn, Woodall, Young of Iredell, and Young of Yancey—65. Those who voted in the negative are: Messrs. Brown,, Bynum, Cobb, Costner, Crawford, Daven¬ port, Foy, Gilliam, Grier, Henry of Bertie, Headen, Hodges, Hooper, Laws, Lemmonds, Logan, Long, Love,' Manning, McKay, Peebles, Person, Reynolds, Rives, Robinson, Russ, Stanford, Stancill, Yann and Williams—29. Mr. Waddell moved to amend the bill by striking out 206 HOUSE JOURHAL. [Session "five," and inserting "four," as the Governor's salary. Hot agreed to—yeas 43, nays 56. A call for the yeas and nays being seconded by one-fifth of the members present, Those -who voted in the affirmative are: Messrs. Albritton, Bernhardt, Beam, Berry, Brown, Bryan, Bryson, Bynum, Cobb, Costner, Crawford, Davenport, Foy, Gentry, Gilliam, Greene, Grier, Harrison, Headen, Hodges, Hooper, Howard, Ingram, Laws, Lemmonds, Logan, Long, Love, Manning, McKay, Peebles, Perkins, Person, Reynolds, Rives, Rhodes, Robinson, Rnss, Stanford, Stancell, Yann, Waddell and Williams—43. Those who voted in the negative are : Messrs. Allison, Alford, Amis, Barringer, Beall, Benbury, Best, Burgin, Burns, Carpenter, Carson, Cowles, Craig, Dunn, Fleming, Foust, Fowle, Glenn, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Hawes, Henderson, Henry of Bertie, Henry of Henderson, Horton, Jenkins, Joyner, Judkins, Keener, Kelly, Lyle, Mann of Hyde, Mann of Pas¬ quotank, McCormick, McHeill, McRae, Parks, Patterson, Pearce, Richardson, Robbins, Shepherd, Sherwood, Shober, Smith of Washington, Spruill, Wallen, Walser, Watson, Well¬ born, Woodall, Young of Iredell, and Young of Yancey—56. Mr. Shepherd offered an amendment that the salary of the Chief Clerk of the Treasury Department, shall be increased to $1,500. Hot agreed to—}reas 39, nays 56. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison,. Amis, Barringer, Beall, Benbury, Berry, Best, Bryan, Burgin, Burns, Cowles, Dunn, Foust, Fowle, Grissom, Harris of Chatham, Hawes, Jenkins, Joyner, Jud¬ kins, Keener, Lyle, Mann, of Hyde, Mann of Pasquotank, McCormick, Parks, Pearce, Richardson, Robbins, Shepherd, Sherwood, Shober, Smith of Washington, Spruill,'Waddell, Wallen, Woodall and Young of Iredell—39. Those who voted in the negative are: 1862-'63.] HOUSE JOURNAL. 207 Messrs. Albritton, Alford, Bernhardt, Beam, Brown, Bry- son, Carpenter, Carson, Cobb, Costlier, Craig, Crawford, Davenport, Fleming, Foy, Gentry, Gilliam, Glenn, Grier, Hampton, Harris of Cabarrus, Harrison, Henry of Bertie, Ileaden, Hodges, Hooper, Howard, Horton, Ingram, Kelly, Laws, Lemmonds, Logan, Long, Love, Manning, McKay, McNeill, McRae, Patterson, Peebles, Perkins, Person, Rey¬ nolds, Rives, Rhodes, Robinson, Russ, Stanford, Stancill, Yann, Walser, Watson, Wellborn, Williams and Young of Yancey—56. Mr. Grissom offered the following as an additional section : Be it enaeted &g. That the ordinance of the Convention increasing the salaries of Treasurer, Comptroller and Secre¬ tary of State be continued in force to the 1st of January, 1865. Which was agreed to—Yeas 69, nays 25. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are: Messrs. Allison, Alford, Amis, Bernhardt, Barringer, Beak, Benbury, Berry, Best, Bryan, Bryson, Burgin, Burns, Car¬ penter, Carson, Cobb, Craig, Dunn, Foust, Fowle, Gentry, Glenn, Greene, Grissom, Hampton, Harris of Ckbarrus, Har¬ ris of Chatham, Harrison, Hawes, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth,Howard, Horton, Ingram, Jenkins, Joyner, Judkins, Keener, Kelly, Laws, Long, Lyle, Mann of Hyde, Mann of Pasquotank, McCorrnick, Parks, Patterson, Pearce, Perkins, Richardson, Rhodes, Robbins, Russ, Shepherd, Sherwood, Shober, Smith of Washington, Spruill, Stancill, Waddell, Wallen, Walser, Watson, Wellborn, Woodall, Young of Iredell, and Young of Yancey—69. Those who voted in the negative are : Messrs. Albritton, Beam, BizzelJ, Brown, Bynum, Costner, Cowles, Crawford, Davenport, Fey, Gilliam, Grier, Hodges, Hooper, Lemmonds, Logan, Love, Manning, McKay, Peebles, Person, Reynolds, Robinson, Stanford and Williams—25, Mr. Williams offered the following as an additional section : Be it further enacted, That each private and non-corcmis- 208 HOUSE JOURNAL. [Session eioned officer in the military service of the Confederate States from this State be allowed three dollars per month over and above the pay now allowed by the government of the Con¬ federate States, to be paid out of the Treasury of the State of North Carolina. On motion of Mr. Shepherd, the Revenue Bill was made the special order for to-morrow at 11 o'clock. Received from the Senate a message stating that the Senate proposes to the House of Commons at 1 o'clock to-morrow to go into an election for Trustees of the University, stating that Messrs. Geo. Davis, Wm. A. "Wright, J. G. Shepherd, Wm. B. Wright, Alex. Wilson, J. W. Osborn, F. E. Shober, M. L. Wiggins, David Outlaw, L. C. Edwards, Bryan Grimes, Jas. W. Bryan, Ed. Warren, Jno. A. Young, T. J. Wilson, O. H. Dockery, K. P. Battle, T. J. Morrisey, R. C. Puryear, W. H. Bobbitt, J. Pool, L. F. Siler and W. J. Montgomery had been nominated in that body. To which proposition the House agreed. Mr. Cowles nominated Neill McKay, Mr. Grissom " Jno* W. Cameron, Mr. Carpenter " Wm. L. Twitty, Ordered, That the same be transmitted to the Senate. Received from the Senate a message transmitting a nomi¬ nation for magistrate in New Hanover county. Received from the Senate a message stating that the Senate declines to agree to the proposition to adjourn on Monday next. Pending Mr. Williams1' amendment, The House adjourned until to-morrow 10 o'clock. FRIDAY, January 30, 1863. The Speaker presented an invitation of Willie J. Palmer, Principal of the Deaf and Dumb and Blind Asylum, to attend an exhibition of the pupils this evening at 7 o'clock. Mr. Beall Mr. Burgin W. W. Lenoir, Purdie Richardson. 1862-'fi3.] HOUSE JOURNAL. On motion of Mr. Sherwood, the House"accepted the invi¬ tation. Messrs. S. F. Phillips, Sam'l Lander, jr., Rev. Jarvis Buxton, 1). M. Carter, Thos. I. Faison, Wm. Sloan, D. A. Barnes, ¥m. J. Houston, Wm. P. Taylor, Gen. D. II. Hill, Thos. L. Skinner and E. B. Withers, were nominated for Trustees of the University, and the same transmitted to the Senate. Ordered, That Messrs. Foust and Henderson constitute our part of the committee to superintend said election. Leave of absence was granted to Mr. Grier for the remain¬ der of this session. A number of nominations for Justices of the Peace were recommended and sent to the Senate. Received from the Senate a message transmitting resolu¬ tions affirming our loyalty, &c. On motion of Mr, Grissom, they were laid on the table. Received from the Senate a message transmitting the fol¬ lowing engrossed resolution : A resolution to pay certain claims allowed by the Board of Claims. Read first time and passed. Received from the Senate a message stating certain amend¬ ments made by the Senate to the bill to allow incorporated towns to lay ad valorem tax on slaves. To which amendments the House agreed. Received from the Senate a message stating that the Sen¬ ate declines to recede from its amendment to the bill concern¬ ing Justices in Johnston county. Whereupon the House receded from its position of disa¬ greement to said amendment and agreed to the same. Received from the Senate a message stating that the Senate proposes to amend " a bill for the benefit of persons who have entered vacant lands." To which amendment the House agreed. The Speaker announced that he had approved and .signed; the following resolution: A resolution affirming our loyalty and the loyalty of our citizens to the Southern Confederacy. U 210 HOUSE JOURNAL. [Sessiozf The special order was then taken up, it being'the Revenue Bill. |J.r- Shepherd presented the bill as revised by the Com¬ mittee on Finance. P.endipg the consideration of which, the hour arrived for the election of Trustees of the University, and the House proceeded to vote for the same. Leave of absence was granted to Mr. Harris ot Chatham, nntil Monday. Leave of absence was granted to Mr. Hooper for the re¬ mainder of the session. Qn motion, the House adjourned until to-morrow 10 o'clock. SATURDAY, Jantjaky 31, 1803. Received from the Senate a message, transmitting an ei^ grossed resolution in favor of Rufus Galloway, Lewis "Wil¬ liamson, Elias Barnes and Reuben Ring. Read first time -and passed, and the rules being suspended, was read the iSecond time. On motion, it was amended by adding the names of the following Sheriffs and Tax Collectors: Hector McNeill, E. D. Davis, "W". W. Long, ¥m. Haymore,* J. S. Keener. W. "W. Grier, J. R. Grady, Sidney Deal, R. V. Blaekstock and Thos. J. Carr. Leave of Absence was granted to Mr. Perkins for the re¬ mainder of the Session. Mr. "Walser, from the Committee on Propositions and ■ Grievances, reported favorably the bill 281, concerning coun¬ ty site of Mitchell county. Mr. Costner, from the same, reported adversely a resolu¬ tion, 303, to allow the Secretary of State a clerk. Mr. Patterson, from the same, reported adversely H. B, ,307, in favor of allowing Jno. A. Carr to run a distillery. Mr. Fowle presented the following resolution: J2,solved, That the .Committee on Propositions and Griev- 2.862-63.] HOUSE JOURNAL. 211 •ances inquire into the circumstances connected with the con¬ tract of the State of North-Carolina with Wm. G. Strickland, and report to this House what damage, if any, he may hare -sustained thereby. Which was agreed to. Mr. Parks presented a petition from certain citizens of Burke county, asking that they he attached to Mitchell coun¬ ty. Read, and referred to Committee on Propositions and 'Grievances. Mr. Beall presented the following resolution: Resolved, That the Committee on Finance be instructed to inquire into the expediency of granting to the soldiers in the -service of the Confederate States from North-Carolina, three -dollars per month out of the Public Treasury, and' provide for raising a tax to pay the same, an.d report by bill or other¬ wise. Which was agreed to. s Mr. Harris of Cabarrus, presented the following resolution: Resolved, That the Adjutant General be requested to fur¬ nish a tabular statement of the number of volunteers and conscripts from each of the several counties of the State, and that the same be printed for the use of the General Assembly. Which was agreed to. Mr. Woodall presented the following resolution : Whereas, the General in command of the Confederate forces in Eastern North-Carolina has detailed officers and pri¬ vates of his command to impress teams, wagons and drivers in the county of Johnston, and whereas said officers and privates have impressed all the teams and wagons of some of said citizens, and passed by others without giving them a call, therefore, jBe it resolved, That the Governor be authorized to request the General in command to restore to each citizen (all of whose teams and wagons have been impressed) a part, at least, of his teams and wagons, and make up the deficiency by calling upon those who have not yet been required to fur¬ nish any, both in Johnston and the adjacent counties. 212 HOUSE JOURNAL. [Sessions Several nominations for magistrates were recommended and transmitted to the Senate. On motion of Mr, Peebles, H. R. 189, in favor of W. W. Happer was taken np and passed its second and third readings. On motion of Mr. Sherwood, H. B. 273,«in favor of C. A. Boon, sheriff, was taken up and passed its third reading. * Mr. Richardson introduced a bill, 310, in reference to fish in Peedee river. Read first time and passed1. Mr. Burgin, a bill 311, concerning the location of the seat of government. Read first time, passed and referred to the Judiciary Committee. • Mr. Foy, a bill 312, to authorize the Governor to collect the militia of the State and re-organize the same. Read first time, passed and referred to the Committee on Military . Affairs. Mr. Joyner, a bill 313, to amend 5th section of 5th chapter of the Revised Code. Read first time, passed and referred to the Judiciary Committee. - Mr. Patterson, a resolution 311, concerning purchase of arms from Hillsborough Military Academy. Mr. Hampton, a bill to appoint commissioners to sell the old jail of Wilkes county. Read first time, passed, and under a suspension of the rules, passed its second and third readings. Leave of absence was granted Mr. Bizzell for the remainder of the session. ♦ Mr. Foust, from the committee to superintend the election of Trustees of the University, reported as follows: The whole number of votes cast was 116 ; necessary to a choice 71. Hon. J. G. Shepherd received 103 votes; Neill McKay 100; Dr. E. Warren 92; Gen. D. H. Hill 60 ; Kemp. P. Bat¬ tle 55; L. F. Siler 51; F. E. Shober 47; Hon. Geo. Davis 47 ; Maj. Purdie Richardson 41; Mason L. Wiggins 41; Jno. Pool 43; Thomas 1. Faison 36 ; Rev. W. H. Bobbitt 36 ; J. W. Bryan 35 ; W. W. Lenoir 31; W. B. Wright 29; John W. Cameron 26 ; L. C. Edwards 25 ; Wm. A. Wright 21; C. B. Riddick 23; J. J. Davis 23 ; W. L. Twitty 23 ; Hon. J. W. 1862-763.] HOUSE JOURNAL. 213 Osborn 23; Dr. R. L. Beall, 19 ; David Outlaw 18 ; Samuel F. Phillips 18; W. J. Montgomery 16 ; David Barnes 16 ; E. B. Withers 15 ; Rev. Alex. Wilson 14; David M. Carter 14; Hon. R. C. Pnryear 12; Bryan Grimes 12 ; W. J. Houston 11; T. J. Wilson 10; T. J. Morrisy 9; Gov. Z. B. Vance 8 ; Samuel Lander 8 ; Dr Charles Skinner 8 ; Hon. S. J. Person 8; W. W. Peebles 6 ; Rev. Jarvis Buxton 5 ; Rev. Thos. E. Skinner 4; Rev. W. P. Taylor 3 ; William Sloan 1; O. H. Dockery 1; J. M. S. Rogers 1; M, Q. Wadd^ll 1; 0. B. San¬ ders 1; Eugene Grissom 1; A. C. Cowles 1; J. W. Ellis 1; Solomon Williams 1; Hon. Bedford Brown 1; Joseph' Can¬ non 1. The Hon. J. G. Shepherd, Neill McKay and Dr. E. War¬ ren, having received a majority of all the votes cast are duly elected. Respectfully submitted, m p TAYLOR 1 j pppppi*' r Cotti. ott thepart of the $6tiQjt6» L. HENDERSON,] n TT j jj FOUST j torn. oth t/is p&vt oj~ tfis JtLOxisOm The Revenue Bill was then taken up. On the reading of the 2nd clause of the 1st section, Mr. Person offered the fol¬ lowing amendment: "All slaves (excepting such as the County Court may have exempted or may hereafter exempt from taxation on aceount of bodily or mental infirmity) and for the purpose of ascer¬ taining the value, the County Court shall appoint three asses¬ sors for each Captain's district, whose duty it shall be within twenty days to assess the value of all the slaves in their district and make return of the lists to the Clerk of the County Court, which list shall set forth each slave and the value thereof, from which list the clerk shall within five days ascertain the aver¬ age value of the slaves in his county, and transmit a certificate thereof to the Public Treasurer, who, with the assistance of the Comptroller, shall ascertain therefrom the average value of slaves in the State, and shall advertise it in the public news- pers and certify the same to the Clerk of the County Courts within ten days, and the Clerk in making out the tax list shall 214 HOUSE .FOURTHAIL [Session add to or deduct from the assessed value of the slaves in his- county such per cent as shall be necessary to cause the value- as assessed for his county to correspond with the average value throughout the State. And any person failing or neg¬ lecting to perform any of the duties herein prescribed, shall, upon motion by the County Attorney in the Superior or Coun¬ ty Court, in the name of the State, be amerced in the sum of two hunded dollars, and when any assessors or clerks shall fail to make returns, the Clerk or Treasurer shall ascertain the average from the number ot returns made.'7 Which amendment was agreed to—Yeas 64, nays 27. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are r Messrs. Bernhardt, Barringer, Beam, Brown, Bryan, Bry- son, Burgin, Burns, Carpenter, Cobb, Costlier, Cowles, Craig, Crawford, Davenport, Davis, Dunn, Fleming, Flynt, Foust, Foy, Gentry, Gilliam, Glenn, Harris of Cabarrus, Hawes, Henderson, Henry of Henderson, Headen, Hodges, Howard, Horton, Jenkins, Joyner, Judkins, Keener, Kelly, Kirby, Laws, Lemmonds, Logan, Love, Lyle, Manning, McKay, Mc¬ Neill, Nissen, Parks, Peebles, Person, Reynolds, Richardson, Rives, Rhodes, Bobbins, Robinson, Stanford, Stancill, Yann,- Waddell, Wallen, Walser, Wellborn and Williams—64. Those who voted in the negative, are : Messrs. Allison, Albritton, Amis, Beall, Berry, Best, Biz- zell, Carson, Fowle, Grissom, Hampton, Harrison, Henry of Bertie, Ingram, Long, Mann of Hyde, McCormick, McRae, Pattersonj Perkins, Riddiek, Russ, Shepherd, Sherwood, Sho- ber, Smith of Washington, Woodall and Young of Iredell—27. A number of committee amendments were then agreed to. Mr. Person moved to strike out the word " banking," in a committee amendment taxing " money invested in banking, manufacturing, railroads," &c. Agreed to—yeas 52, nays38. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative, are: 1862—'63-3 HOUSE JOURNAL. 2iS Messrs. Barringer, Bryan, Carpenter, Cobb, Costner^ Cowles, Crawford, Davenport, Davis, Fleming, Flynt, Foust^ Foy, Gentry, Gilliam, Glenn, Hampton, Hawes, Henderson^ Henry of Henderson, Hodges, Ingram, Jenkins, Joyner, Jud- kins, Kelly, Keener, Kirby, Lenamonds, Love, Mann of Hyde, Manning, McKay, McNeill, McRae, Nissen, Parks, Person, Reynolds, Riddick, Rives, Rhodes, Bobbins, Robinson, Russ, Sherwoord, Stancill, Yann, Wallen, "Walser, Wellborn, Wil¬ liams and Woodall—52. Those who voted in the negative are s Messrs. Allison, Albritton, Amis, Bernhardt, Beall, Berry, Best, Brown, Burgin, Burns, Carson, Craig, Dunn, Fowle,Grifl- som, Harris of Cabarrus, Harrison, Headen, Hollingsworthj Howard, Horton, Long, Lyle, Mann of Pasquotank, McAden, McCormick, Pearce, Perkins, Richardson, Shepherd, Stan¬ ford, Watson and Young of Iredell—38. Mr. Cowles moved to strike out the 6th clause of the 1st section, being the one taxing stock for sale. Mr. Shepherd stated that the committee also recommended that it be stricken out. The House refused to strike out. Mr. McRae moved that the vote just taken be reconsid- • ered. Agreed to—yeas 12, nays 36. A call tor the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Allison, Bernhardt, Beall, Beam, Best, Bryan, Bry- son, Burgin, Carpenter, Carson, Costner, Cowles, Craig, Da¬ venport, Flynt, Gentry, Hampton, Headen, Hollingswortli, Howard, Horton, Ingram, Keener, Kelly, Lyle, Mann of Pasquotank, McCormick, McKay, McRae, Njssen, Parks, Rives, Shepherd, Sherwood, Waddell, Wallen, Walser, Well¬ born and Young of Iredell—42. Those who voted in the negative are: Messrs. Albritton, Barringer, Berry, Brown, Burns, Craw¬ ford, Dunn, Foust, Foy, Gilliam, Glenn, Grissom, Harris of Cabarrus, Harrison, Henderson, Hodges, Jenkins, Lemmonds, Souse journal. [Session Long, Mann of Hyde, Manning, McAden, Patterson, Peebles, Perkins, Reynolds, Richardson, Riddick, Rhodes, Robbins, Robinson, Stanford, Stancill, Vann, Watson and Woodall—36. The question then recurring upon the motion to strike out, it was decided in the negative—yeas 32, nays 46. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are Messrs. Bernhardt, Bryan, Bryson, Burgin, Burns, Carpen¬ ter, Carson, Costner, Cowles, Craig, Davenport, Fleming, Gentry, Hampton, Henry of Henderson, Hollingsworth, Howard, Horton, Keener, McCormick, McKay, McEae, Nis- sen, Parks, Person, Rives, Rhodes, Shepherd, Waddell, Wal- len, Walser and Wellborn—32. Those who voted in the negative are: Messrs. Allison, Albritton, Amis, Barringer, Beall, Berry, Best, Brown, Crawford, Dunn, Foust, Foy, Gilliam, Glenn, Grissom, Harris of Cabarrus, Harrison, Hawes, Henderson, Headen, Ingram, Jenkins, Kelly, Kirby, Lemmonds, Logan, Long, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McAden, Patterson, Peebles, Reynolds, Richardson, Riddick, Robbins, Robinson, Russ, Sherwood, Smith of Washington, Stanford, Stancill, Yann, WatsOn, Woodall and Young of Iredell—46. Mr. Robbins offered an amendment proposing to add to 6th clause of 1st section, " and all cotton and tobacco except that which is owned by the producer, or which has been pur¬ chased by the owner for his own use or that of his family or dependents, and further except such cotton as may have been purchased by any person or corporation for the purpose of manufacturing." Which was agreed to—yeas 7S, nays 3. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Albritton, Amis, Bernhardt, Barringer, Beall, Beam, Berry, Best, Brown, Bryan, Bryson, Burgin, l862-'63.] HOUSE JOURNAL. 217 Burns, Carpenter, Carson, Costner, Cowles, Craig, Crawford, Davenport, Dunn, Flerning, Foust, Foy, Gentry, Gilliam, Glenn, Grissom, Hampton, Harris of Cabarrus, Harrison, Hawes, Henderson, Henry of Henderson, Ileaden, Iioliings- worth, Howard, Horton, Ingram, Jenkins, Judkins, Keener* Kelly, Kirby, Lemmonds, Logan, Long, Manning, McAden, McCormick, McKay, McNeill, McRae, Parks, Patterson, Pearce, Peebles, Perkins, Person, Reynolds, Richardson, Rives, Rhodes, Robbins, Robinson, Russ,Shepherd, Sherwood, Smith of Washington, Stancill, Yann, Waddell, Wallen, Walser, Watson, Wellborn, and Young of Iredell—78. Those who voted in the negative are: Messrs. Bizzell, Mann of Hyde, and Woodall—3. Mr. Robbins offered an amendment to the 2nd line of sec¬ tion 4th : Strike out all after the word " corporations " and insert " shall be listed among the individual stockholders in the county where the stockholders reside." Which was agreed to. Mr. Harris of Cabarrus, moved to reconsider the vote by which Mr. Bobbins amendment to section 1st was agreed to. Which motion was not agreed to—Yeas 8, nays 62. A call for the yeas and nays being seconded by one-fifth of the members preseut. Those who voted in the affirmative are: Messrs. Brown, Harris of Cabarrus, Mann of Hyde, Rich¬ ardson, Shepherd, Sherwood, Wellborn and Woodall—8. Those who voted in the negative are : Messrs. Allison, Albritton, Amis, Bernhardt, Barringer, Beall, Beam, Best, Bryan, Bryson, Burns, Carpenter, Carson, Costner, Craig, Crawford, Davenport, Dunn, Foust, Foy, Gentry, Grissom, Hampton, Harrison, Hawes, Henry of Henderson, Ileaden, Hodges, Horton, Ingram, Jenkins, Keener, Kirby, Lemmonds, Logan, Long, Love, Lyle, Mann of Pasquotank, Manning, McCormick, McKay, McNeill, McRae, Parks, Peebles, Perkins, Reynolds, Rives, Rhodes, Robbins, Robinson, Russ, Smith of Washington, Stanford, 218 HOUSE JOURNAL. [Session Stancill, Yann, Waddell, Wallen, Walser, "Watson and Young of Iredell—62. Afternoon Session—SATURDAY, January 31, 1863. The Revenue Bill was under consideration. A number of committee amendments were, read and agreed to. Mr. McKay offered to amend section 6th, so as to value land every four years and slaves every two years. Not agreed to. On motion, the House took a recess to 7 o'clock. Night Session—SATURDAY, January 31, 1863. The Revenue Bill was further considered. Mr. Brown moved to reconsider the vote by which the House declines to strike out the 6th clause of section 1st. Agreed to—Yeas 38, nays 29. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Bernhardt, Barringer, Beall, Brown, Bryan, Bryson, Burgin, Carpenter, Carson, Costner, Covvles, Davenport, Flynt, Gentry, Hampton, Henry of Henderson, Hollings- worth, Howard, Ilorton, Ingram. Keener, Logan, Lyle, Mc- Cormick, McKay, McNeill, McRae, Parks, Reynolds, Rob- bins, Russ, Shepherd, Sherwood, Waddell, Walien, Walser, Wellborn and Young of Iredell—38. Those who voted in the negative are: Messrs. Allison, Albritton, Amis, Beam, Best, Cobb, Dunn, Foust, Foy, Harrison, Hawes, Henderson, Headen, Hodges, Kelly, Kirby, Long, Mann of Hyde, Mann of Pasquotank, Manning, Peebles, Person, Richardson, Robinson, Smith of Washington, Stancill, Yann, Watson and Woodall—29. 1862-63.] HOUSE JOURNAL. 219 Mr. Gentry moved to strike out the 6th clause of the 1st section of the bill. Pending which motion, the House adjourned until Monday morning 10 o'clock. MONDAY, February, 2,1863. A message was received from the Senate transmitting the following engrossed bills and resolutions i 319, a bill in relation to the county site of Mitchell county. Read first time and passed. 320, a bill to alter the rules of law in relation to the probate of wills. Read first time, passed, and under a suspension of the rules, passed its second and third readings. 321, resolution in favor of A. C. Latham, sheriff of Craven county. Read first time, passed, and under a suspension of the rules, passed its second and third readings. 322, a bill to provide for the completion of the claim of North Carolina against the Confederate government. Read first time and passed. • Mr. Waddell introduced a bill 323, to secure rights to prop¬ erty owned previous to marriage. Read first time and passed. Mr. Fowle, a resolution 324, in favor of Wm. Thompson. Read first time and passed, and referred to the Committee on Claims. Mr. Ru*ss, a bill 325, in relation to the sale of spirituous liquors in the county of Bladen. Read first time and passed. Mr Wellborn, a bill 326, to incorporate the Yadkin Valley and Western Railroad Company. Read first time and passed, and ordered to be printed. Mr. Shepherd, by leave, presented a memorial from certain citizens of Randolph county. Read and referred to the Com¬ mittee on Military Affairs. Mr. Grissom presented the following resolution : Resolved^ That our Senators and Representatives in Con¬ gress be respectfully requested to use their best exertions to 220 HOUSE JOURNAL. [Session induce that body to raise the pay of privates and non-com¬ missioned officers in the armies of the Confederate States to twenty dollars per month. Which was agreed to—Yeas 93, nays 0. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Allison, Albritton, Avera, Bernhardt, Barringer, Beall, Beam, Berry, Best, Brown, Bryan, Bryson, Burgin, Burns, Bynum, Carpenter, Carson, Cobb, Costner, Cowles, Craig, Davenport, Dunn, Fleming, Flynt, Foust, Fowle, Foy, Gentry, Gilliam, Glenn, Greene, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Henderson, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth, How¬ ard, Horton, Ingram, Jenkins, Joyner, Judkins, Keener, Kelly, Kerner, Kirby, Lemmonds, Logan, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McAden, McCormick, McKay, McNeill, McRae, Nissen, Parks, Patterson, Peebles, Person, Reynolds, Richardson, Riddick, Rhodes, Bobbins, Robinson, Russ, Russell of Craven, Shepherd, Sherwood, Smith of Washington, Stanford, Stancill, Yann, Waddell, Wallen, Walser,Watson, Wellborn, Williams, Woodall,Young of Iredell, and Young of Yancey—93. The member elect from the county of Columbus, Mr. For¬ ney George, appeared, presented his credentials and was qualified in accordance with the law. The Revenue Bill was then considered. The pending question being the motion of Mr Gentry to strike out 6th clause of section 1st, the House refused to strike out—yeas 41, nays 45. A call for the yeas and nays being seconded by one-fifth of the ihembers present, Those who voted in the affimative are: Messrs. Bernhardt, Beall, Brown, Bryan, Bryson, Burgin, Carpenter, Carson, Costner, Cowles, Craig, Fleming Flynt, Gentry, Glenn, Greene, Hampton, Harris of Cabarrus, Har¬ ris of Chatham, Henry of Henderson, Hollingsworth, Howard, 1S62~'63.] HOUSE JOURNAL. 221 Horton, Kerner, Leraraonds, Love, Lyle, McAden, McCor- mick, McKay, McNeill, McRae, Nissen, Parka, Person, Rey¬ nolds, Rhodes, Russell of Craven, Shepherd Sherwood, Wad- dell, Wallen, Wellborn and Young of Yancey—44. And those who voted in the negative are: Messrs. Allison, Albritton, Amis, Avera, Barringer, Beam, Berry, Best, Burns, Bynum, Cobb, Davenport, Dunn, Foust, Foy, Gilliam, Harrison, Hawes, Henderson, Henry of Bertie, Headen, Hodges, Joyner, Judkins, Kelly, Kirby, Long, Mann of Ilyde, Mann of Pasquotank, Manning, Patterson, Peebles, Richardson, Riddick, Robbins, Robinson, Russ, Smirh of Washington, Spruill, Stanford, Stancill, Yann, Watson, Wil¬ liams, Woodall and Young of Iredell—45. Mr. Cowles moved to strike out the whole of 13tli clause, 52d section. Which motion was not agreed to—yeas 34, nays 58. A call for the yeas and nays being seconded by one-fifth of the members present, Those voted in the affirmative are: Messrs. Bryan, Bynum, Carpenter, Carson, Cobb, Costner, Cowles, Davenport, Flynt, Gentry, Glenn, Greene, Hampton, Ilollingsworth, Howard, Horton, Ingram, Jenkins, Joyner, Laws, Lemmonds, Love, Mann of Pasquotank, Manning, McAden, McCormick, McKay, Patterson, Robinson, Russell of Craven, Stancill,Watson, Williams and Young of Yancey—34. Those who voted in the negative are: Messrs. Allison, Albritton, Amis, Bernhardt, Barringer, Beall, Beam, Berry, Best, Brown, Bryson, Burgin, Burns, Craig, Dunn, Fleming, Foust, Fowle, Foy, Gilliam, Grissom, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Bertie, Henry of Henderson, Headen, Hodges, Judkins, Keener,Kelly, Kerner, Kirby, Logan, Long, Lyle, Mann of Hyde, McRae, Parks, Peebles, Person, Rey¬ nolds, Richardson, Riddick, Rhodes Robbins, Russ, Shep¬ herd, Sherwood, Smith of Washington, Spruill, Stanford, Waddell, Wallen, Walser, Woodall and Young of Iredell—58. Qrdcred.i That Messrs. Young of Iredell, Manning, Smith. 223 / HOUSE JOURNAL. [Session of Washington^ Russell of Craven, and Sherwood constitute our pn~t of the committee on Enrolled Bills for this week. Received from the Senate a message stating that the Sen¬ ate proposes at 1 o'clock to-day to go into an election of six Trustees for the University. Which proposition was agreed to. Ordered, That Messers. Wallen and Lemmonds constitute our part of the committee to superintend said election. The following gentleman were nominated for Trustees of the University: F. E. Shober, L% C. Edwards, C. B. Sanders, Rev. Wm. H. Bobbitt, J. W. Bryan, Gen. D. H. Hill, Rev. L. F. Siler, M. Xi. Wiggins, D. M. Carter, Geo. Davis, Thomas I. Faison, P. Richardson, E. B. Withers, R. C. Puryear, W. L. Twitty, W. Peebles, S. J. Person, Rev. C. E. Skinner, R. L. Beall, Jos. Keener, S. S. Pitts and W. W. Lenoir. The consideration of the Revenue Bill was continued. Mr. Fleming offered an additional clause as an amendment, taxing excess of production of cotton and tobacco. Mr. Waddell, an amendment to the amendment that farm¬ ers who have heretofore made contracts for the delivery of cotton to cotton factors be excepted. Which was accepted by Mr. Fleming. The hcur of 1 o'clock having arrived, the House proceeded to vote for six Trustees of the University. Which being over, the House resumed the consideration of the Revenue Bill. Mr. Fleming's amendment was not agreed to—Yeas 25, nays 60. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are: Messrs. Berry, Brown, Brvson, Cowles, Craig, Fleming, Flynt, Gentry, Glenn, Hampton, Harris of Cabarrus, Hawes, Howard, Horton, Ingram, Jndkins, Keener, Kerner, Logan, Love, McRae, Person, Stanford Wellborn and Williams—25. Those who voted in the negative are: 1862-563.J HOUSE JOURNAL. 223 Messrs. Allison, Amis, Avera, Beall, Best, Burgin, Burns, Carpenter, Carson, Davenport, Dunn, Foust, Fowle, Foy, Gilliam, Greene, Grissora, Harris of Chatham, Harrison, Hen¬ derson, Henry of Bertie, Henry of Henderson, Headen, Hodges, Hollingbworth, Jenkins, Joyner, Kelly, Kirby, Laws, Long, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McAden,McOormick, McKay, Nissen, Parks, Patterson,Rey¬ nolds, Richardson, Riddick, Rhodes, Robbins, Robinson, Russ, Russell of Craven, Shepherd, Sherwood, Smith of "Washing¬ ton, Stancill, Waddell, Walser, Watson, Woodall and Young of Iredell—-60. The House then took a recess to half past 3 o'clock. Afternoon Session—MONDAY, February 2, 1863. The consideration of the Revenue Bill was resumed. Mr. Avera offered an amendment taxing all manufacturers who sell at a greater profit than 75 per cent, and all buyers who sell at a higher rate of profit than 25 per cent. Mr. Person offered as an amendment to the amendment a substitute as follows: Every person or corporation manufacturing cotton or wool¬ en cloth, or a mixture of both, cotton, yarn, leather, shoes, boots, flour, salt, implements of husbandry, wagons, wagon harness, -clothing and iron, and every other person who, as principal or agent for another, carries on the manufacture of any of the foregoing articles ; all nett profit above seventy-five per cent upon the cost of production ; and every person or corporation who shall buy any flour, wheat, meat, corn, pork, bacon, lard, beef or other article of food to sell again, and all nett profit above ten per cent upon all sales made, and every person who shall buy to sell again .any of the articles specified in the former part of the paragraph all nett profit above 25. per cent upon all sales made. Which was accepted by Mr. Avera. Mr. Shepherd moved to strike cut all that portion of Mr. 224 HOUSE JOURNAL. [Session Person's substitute after the word "production." Agreed to—Yea? oil, nays 29. A call for the yeas and nays being seconded by one-fifth of the members present. Those who /oted in the affirmative are : Messrs. Allison, Alford, Amis, Barringezq Ream, Berry, Brown, Burgin, Carpenter, Cowles, Craig, Flynt, Foust, Fowle, Glenn, Grissom, Harris of Cabarrus, Harris of Chat¬ ham, Harrison, Henderson, Henry of Bertie, Henry of Hen¬ derson, Howard, Joyner, Kerner, Laws, Long, Mann of Ilyde, Mann of Pasquotank, Me Aden, McKay, McRae, Nissen, Parks, Patterson, Peebles, Reynolds, Richardson, Riddick, Rhodes, Robbius, Russell of Brunswick, Russell of Craven, Shepherd, Sherwood, Stancill, Waddell, Walien, Watson, Wellborn, Young of Iredell, and Young of Yancey—53. Those who voted in the negative are : Messrs. Albritton, Avera, Beall, Best, Bryan, Bryson, Cobb, Crawford, Dunn, Foy, Gentry, Gilliam, Hawes, Hodges, Hor- ton, Ingram, Judkins, Keener, Kelly, Kirby, Logan, Love, Manning, McCormick, Person, Rives, Russ, Smith of Wash¬ ington, Spruill and Woodall—29. The amendment of Mr. Person, was then agreed to—yeas 80, nays none. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Allison, Albritton, Alford Avera, Barringer, Beall, Beam, Berry, Best, Bryan, Bryson, Burgin, Carpenter, Cobb, Cowles, Craig, Crawford, Dunn, Flynt, Foust, Fowle, Foy, Gentry, Gilliam, Glenn, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Bertie, Henry of Henderson, Hodges, Howard, Gorton, Ingram, Joy¬ ner, Judkins, Keener, Kelly, Kerner, Kirby, Laws, Logan, Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McAden, McCormick, McKay, McRae, Nissen, Parks, Patterson, Peebles, Person, Reynolds, Richard¬ son, Riddick, Rives, Rhodes, Robbins, Rnss, Russeh of 1862-'63.] HOUSE JOURNAL. 225 Brunswick, Russell of Craven, Shepherd, Sherwood, Smith of "Washington, Stancill, Waddell, Wallen, Watson, Wellborn, Woodall, Young of Iredell, and Young of Yancey—80. Mr. Barringer moved to reconsider the vote by which the House rejected his amendment taxing the profits and dividends of manufacturing companies. Agreed to—yeas 77, nays 2. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Allison, Albritton, Alford, Amis, Barringer, Berry, Best, Bryan, Bryson, Burgin, Carpenter, Cobb, Cowles, Craig, Crawford, Dunn, Flynt, Foust, Fowle, Foy, Gentry, Gilliam, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Bertie, Henry of Henderson, Hodges, Howard, Horton, Ingram, Joyner, Jud- kins, Keener, Kelly, Kerner, Kirby, Laws, Logan, Long, Love, Lyle, jMann of Pasquotank, Manning, McCormick, Mc¬ Kay, McRae, Nissen, Parks, Patterson, Peebles, Person, Reynolds, Richardson, Riddick, Rives, Rhodes, Bobbins, Russ, Russell of Brunswick, Russell of Craven, Shepherd, Sherwood, Smith of Washington, Spruill, Stancill, Waddell, Wallen, Watson, Wellborn, Woodall, Young of Iredell, and Young of Yancey—77. Those who voted in the negative are : Messrs. Avera and Bean>—2. On motion of Mr. Richardson, the vote by which, on Sat¬ urday. the House agreed to tax stock in Railroads according to the value expressed in the charter, was reconsidered. On motion, The House adjourned until to-morrow 10 o'clock. TUESDAY, February 3, 1863. Received from the Senate a message transmitting amend¬ ments to the bill to amend the charter of the Chatham Rail¬ road Company. 15 226 IIOUSE JOtfRHAL. [Session. To which amendments the House agreed. Mr. Carpenter presented a memorial from citizens of Ran¬ dolph county, accompanied by a bill 327,»to alter the day of public sales in that county. Read first time and passed. Mr. Allison, from the Committee on Propositions and Grievances, reported concerning the State contract with W. G. Strickland, and recommend that the same be faithfully kept by both parties, and do not deem any legislation necessary. Mr. Burgin, from the Committee ou Claims, reported the memorial of Jno. Rosemand favorably, with a resolution 381, in his favor, which, the rules being suspended, was passed its 6econd and third readings. Also favorably H. R. 324, in favor of Wm. Thompson, which, the rules being suspended, was passed its second and third readings. Also H. R. 188, in favor of W. B. Clements' cavalry company, and ask to be discharged from its further consideration. Mr. Waddell, from the Judiciary Committee, reported a petition of Sally Scott, asking that she be allowed to choose ■a master and go into slavery, and asked to be discharged from its further consideration. Mr. Allison, from the Committee on Propositions and 'Grievances, reported a petition of certain citizens of Burke •county, and a bill 328, to attach a portion of Burke eounty to the county of Mitchell. Read first time and passed. Mr. Fowle, from the Judiciary Committee, reported a iresolution of instruction concerning the title of Mary Twett /to a grant, and ask to be discharged from its further consid¬ eration. Also H. B. 306, favorably, with amendments. Also H. B. 207, favorably. Also H. B. 304, favorably. Mr. Avera presented the following resolution; Resolved, That this Legislature adjourn sine die on Monday, .the 9th inst., at 5 o'clock A. M. Laid over under the rules. •On motion of Mr. Flynt, H. R. 201yin favor of John Martin was taken up, and under a suspension of the rules, passed its second and third readings. On motion of Mr. Shepherd, H. B. 281, to incorporate the 1862-'63.] HOUSE JOURNAL. 227 town of Dallas, was taken up, and under a suspension of the rules, passed its second and third readings. r Mr. On motion of Russ, H. R. 182, in favor of the sureties of John 8. Willis was taken np, and under a suspension of the rules, passed its second and third readings. On motion of Mr. Foy, EL R. 192, in favor of W. D. Hum¬ phrey was taken up, and under a suspension of the rules, passed its second and third readings. On motion of Mr. Wad dell, H. R. 190, in favor of L. J. Hanghton & N. C. Hooker was taken up and read the sec¬ ond time. Mr. Shepherd offered an amendment, that the injury done the lowland on Cape Fear river in Harnett and Cumberland be also ascertained and paid for. The further consideration of the resolution was postponed to give place to the special order. Mr. Waller, from the committee to superintend the election of Trustees reported as follows Whole number of votes given 135 ; nessessary to a choice 68. K. P. Battle 71; L. F. Siler 62.; D. H. Hill 58; M. L. Wig¬ gins 59; F. E. Shober, 50 ; Thus.-I. Faison 48; Geo. Davis 39; W. M. Bobbitt 35 ; L. C. Edwards34; P. Richardson 34 ; John Pool 32; Thomas Wilson 25; W. W. Lenoir 25 ; Jas. W. Bryan 18; Samuel Phillips 18; D. Outlaw 17; Wm. J. Houston 17; W. J, Montgomery 17; S. J. Person 12 ; J. W. Osborne 12; R. C. Puryear 11; W. L. Twitty 10; John W. Cameron 10; E. B. Withers 9; C. B. Sanders 9 ; D. M. Carter 9; Dr. W. J. Sloan 8 ; Joseph Keener 8 ; Dr. Beall 6 ; D. A. Burns 5; T. J. Mcrrisey 4; W. A. Wright 3 ; W. B. Wright 2; W. W. Peebles 2; T. E. Skinner 2 ; S.'S. Biddle 2; P. H. Winston 1; Fleming 1; Richard Smith 1 ; T. J. Davis 7; J. Buxton 1; C. B. Ridiel^J". W. Ellis 1; B. Grimes 1; C. Skinner 1. Kl P. Battle having received a majority is duly elected. JNO. A. YOUNG, ) M. PATTON, f C. Q. LEMMONDS,) 7/ J. WALLEN, f 22-3 HOUSE JOURNAL. [Session Mr. Kirby introduced a bill, 330, in favor of G-. W. Grump¬ ier. Read first time, passed, and the rules being suspended, was passed its second and third readings. Mr. Russ a bill, 329, in relation to runaway slaves. Read first time, passed, and referred to Judiciary Committee. The Speaker announced that be had signed and approved the following bills and resolutions: Resolution in favor of Wm. L. Shannon; Resolution in favor of Daniel Tucker; An act to amend an act to empower the town of Wilming¬ ton to establish streets, and for other purposes; An act authorizing one-third of the Justices of the Peace in any county in the State to transact business; ■ An act to legalize the proceedings of a County Court held in Henderson county; An act to authorize incorporated towns to lay an additional tax on slaves An act for the benefit of persons who have entered vacant lands An act for the relief of the citizens of Alleghany county; An act to amend 46th chapter, 18th section of Revised Code; An act in favor of Isaac Arledge Resolution in favor of George Credle. The Revenue bill was then taken, up, Mr. Robbins' amend¬ ment being under consideration. Mr. Robbins submitted his amendment as follows: "On every dollar of nett profit or dividend, or profit not previously .listed, declared, received or due, during the year preceding the first day of April in each year, upon money or capital invested in the manufacturing of cotton or woolen goods, or leather, also upon every dollar of nett profit, or dividend, or money in steamboat companies, whether incorporated or not, and of profit or dividend on Railroad stock, a tax of two per cent." Mr. McKay moved to strike out "two" and insert "five" per cent. Not agreed, to—yeas 33, nays 55. 1"862-63.] HOUSE JOURNAL. 229 A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Albritton, Alford, Bynnm, Carpenter, Cobb, Cowles, Crawford, Davis, Foy, Gentry, Gilliam, Hampton, Hawes, Henderson, Hodges, Horton, Ingram, Jenkins, Joy- ner, Judkins, Kirby, Lemmonds, Logan, Manning, McCor- mick, McKay, Person, Reynolds, Riddick, Rnssv Stanford, Stancill, Williams and Young of Yancey—33. Those who voted in the negative are: Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Beall, Benbury, Berry, Brown, Bryan, Bryson, Burgin, Burns, Car¬ son, Costner, Craig, Dunn, Fleming, Flynt, Feust, Glenn, Grissom, Harris of Cabarrus, Harris of Chatham, Harrison, Henry of Bertie, Henry of Henderson, Headen, Howard, Keener, Kelly, Kerner, Laws, Long, Love, Lyle, Mann of Pasquotank, McAden, McRae, Nissen, Parks, Richardson, Rives, Rhodes, Bobbins, Russell of Brunswick, Russell of Craven, Shepherd, Sherwood, Smith of Washington, Wad- dell, Wallen, Watson, Wellborn, Woodall and Young of Iredell—55. The question then recurring upon Mr. Bobbins amend¬ ment, it was agreed to—yeas 82, nays 3. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted m the affirmative are : Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Beall, Beam, Benbury, Berry, Best, Brown, Bryan, Bryson, Burgin, Burns, Carpenter, Costner, Cowles, Craig, Crawford, Davis, Dunn, Fleming, Flynt, Foust, Foy, Gentry, Gilliam, Grissom, Hampton, Harris of Cabarrus, Harrison, Hawes Henderson, Henry of Bertie, Henry of Henderson, Headen Howard,Horton, Jenkins, Judkins, Joyner, Keener, Kelly,Ker¬ ner, Laws, Lemmonds, Logan, Long, Mann of Hyde, Mann of Pasquotank, Manning, McAden, McCormick, McKay, Mc¬ Neill, McRae, Nissen, Parks, Patterson, Person, Reynoldsj Richardson, Riddick, Rives, Rhodes, Bobbins*, Buss, Russell 230 HOUSE JOURNAL. [Session of Brunswick, Bussell of Craven, Shepherd, Sherwood, Smith of Washington, Stanford, Waddell, Wallen, Watson, Well¬ born, Woodall, Young of Iredell, and Young of Yancey—82. Those who voted in the negative are ; Messrs. Barringer, Harris of Chatham, and Lyle—3. The consideration of the bill was continued; when its read- ing by sections had been finished, Mr. Sherwood moved to amend certain sections so as to» tax " Confederate and State Bonds." Which was agreed to—yeas 43, nays 37. . A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Albritton, Amis, Avera, Beall, Benbury, Berry, Best, Bryan, Bryson, Bur gin,Carpenter,Carson,Oowles, Craig, Dunn, Flynt, Foy,Gentry, Hampton,Harris of Chatham, Henry of Bertie, Henry of Henderson, Howard, Horton, Joy- ner, Kelly, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pas¬ quotank, McCormick, Nissen, Parks, Patterson, Bobbins, Bus- sell of Brunswick, Sherwood,Waddell,Watson,Woodall, YouDg of Iredell, and Young of Yancey—43. Those voted in the negative are Messrs. Barringer, Beam, Brown, Bynura, Costner, Craw¬ ford, Fleming, Foust, Gilliam, Harris of Cabarrns, Harrison, Hawes, Henderson, Headen, Hodges, Judkins, Keener, Kirby, Lemmonds, Logan, Long, Love, Manning, McAden, McKay, McNeill, McBae, Person, Beynolds, Bichardson, Bives, Jlhodes, Bussell of Craven, Shepherd, Smith of Washington, Stanford and Stancill—37. Beceived from the Senate a message stating that the Sen¬ ate proposes to adjourn sine die at 5 o'clock A. M. on Mon¬ day next. Upon which no action was taken. The Bevenue Bill as amended^ was then passed its third reading. On motion, The House adjourned until to-morrow 10 o'clock. 1862—'63.] HOUSE JOURNAL. 231 "WEDNESDAY, February 4, 1863. Mr. Russ introduced a resolution, No. 332, for the relief of J. W. Cromartie. Read first time, passed, and referred to Committee on Claims. Mr. Burns a resolution, 333, in favor of B. P. Dunlap. Read first time, passed, and referred to Committee on Claims. Mr. Horton presented a resolution instructing the commit¬ tee on Military Affairs to inquire into the expediency of rais-.» ing the pay of the Clerks in the Adjutant General's office, Mr. Person, from the Committee on Military Affairs, re-, ported a bill, No. 334, to amend an act entitled militia. Read first time, passed, ordered to be printed, and made the special order for to-morrow at 11 o'clock.' Mr. Shober, from the Committee on Education, reported favorably II. B. 271, to incorporate Springfield Literary So¬ ciety. The following bills were, under a suspension of the rules, passed their second and third readings: S„ B. 335, to amend an act entitled Militia Bill; S. B. 293, concerning the State Educational Association; H. B. 195, for the relief of the sureties of W. W. Profitt; H. R. 202, in favor of W. W. Grier; H. R. 205, in favor of A B. Downs; " 184, in favor of R. Y. Blackstock; " 185, in favor of J. R. Davis \ " 186, in favor of R. Y. Blackstock. Mr. Russell of Brunswick, introduced a bill, 336, in refer¬ ence to Courts in Brunswick county. Read first time, and the rules being suspended, was passed its second and third readings. Mr. Waddell a bill, 337, to extend the charter of the Pitts- borough and Haywood Plankroad Company. Read first time and passed. Received from the Senate a message, stating its disagree¬ ment to the amendments made by the House to the Revenue bill. Received from the Senate a message; stating that the 232 HOUSE JOURNAL. [Session ate proposes, at 1 o'clock to-day, to go into an election of five Trustees of the University. Which proposition was agreed to. Received from the Senate a message, transmitting certain nominations for magistrates for Halifax county. Which were agreed to. The following gentlemen were nominated as candidates for Trustees: C. W, Cannon, C. H. Wiley, P. Richardson, S. J. Person, J. W. Bryan, Thos. L Faison, W. J. Houston, W. W. Lenoir, L. F.- Siler, D. H. Hill, W. W. Peebles, L. C. Edwards, M. L. Wiggins, R. L. Beall, D. A. Barnes, £>. M. Carter, D. Outlaw, F. E. Shober, Geo. Davis, Jno. Pool, Thos. J. Wilson. Ordered, That Messrs. Dunn and Bynum constitute our part of the committee to superintend said election. Mr. Fowle moved that the rules be suspended, and S. B. 319, in relation to the county site of Mitchell county be taken up. Which motion was not agreed to—yeas 29, nays 54. A call for the 3reas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Bernhardt, Barringer, Beall, Berry, Bryan, Burgin, Costner, Fowle, Foy, Gentry, Gilliam, Harrison, Henry of Henderson, Howard, Horton, Ingram, Kerner, Laws, Lem- monds, Long, Love, Mann of Pasquotank, Parks, Person, Russell of Brunswick, Russell of Craven, Stancill, Waddeli Wallen—31. Those who voted in the negative are: Messrs. Allison, Albritton, Amis, Avera, Beam, Benbury, Best, Brown, Bryson, Burns, Bynum, Carpenter, Carson, Cobb, Craig, Crawford, Davis, Dunn, Foust, Hampton, Har¬ ris of Cabarrus, Harris of Chatham, Ilawes, Henderson, Henry of Bertie, Headen, Hodges, Jenkins, Joyner, Jndkins, Keener, Kelly, Kirby, Lyle, Mann of Hyde, Manning, McCormick, McKay, McNeill, McRae, Patterson, Peebles, Reynolds, Rives, Robbins, Russ, Shepherd, Sherwood, Smith, 1862-63.] HOUSE JOURNAL. 233 "Watson, Williams, Woodall, Young of Iredell, and Young of Yancey—54. On motion of Mr. Logan, H. B. 101, to charter the Broad River Railroad Company, was taken up and passed its third reading. On motion of Mr. Stancill, the rules were suspended and H. B. 298, to exempt old men from militia duty, was taken up and passed its second reading. It was read the third time. On motion of Mr. Person, it was amended by striking out the preamble and altering the title of the bill. The bill then passed its third reading. Mr. Person from the Committee on Military Affairs, re¬ ported a bill, 339, to prevent persons from aiding and encour¬ aging deserters. Read first time, passed, and ordered to be printed, and made the special order for to-morrow at 12 - o'clock. Mr. Peebles introduced a resolution, 338, concerning mil¬ eage. Read first time and passed, tmd the rules being sus¬ pended, was passed its second and third readings. Mr. McCormick presented a resolution as follows: Resolved, That hereafter no member shall have leave of absence except by unanimous consent of the House. Laid over under the rules.' Mr. Headen moved to take up the bill to amend the char¬ ter of the town of Pittsborough. Not agreed to. On motion of Mr. Shepherd, S. R. 283, to authorize the Governor to make salt contracts, was taken from the table and considered. Mr. Beall moved that it be postponed indefinitely. Agreed to—yeas 52, nays 34. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Allison, Albritton, Amis, Avera, Barringer, Beall, Beam, Berry, Best, Bryan, Burns, Bynutn, Carson, Costner, Craig, Crawford, Dunn, Fleming, Fowle, Foy,Gentry,Gilliam, 234: HOUSE JOURNAL, [Session Hampton, Harris of Chatham, Harrison, Henry of Bertie, Ileaden, Hodges, Horton, Judkins, Kerner, Laws, Lemmonds, Long, Mann of Hyde, Manning, Nissen, Parks, Patterson, Peebles, Reynolds, Rives, Rhodes, Russell of Brunswick, Russell of Craven, Sherwood, Stanford, Stancill, Wallen, Watson, Woodall and Young of Iredell—52. Those who voted in the negative are : Messrs. Alford, Bernhardt, Benbury, Bryson, Burgin, Cobb, Plynt, Glenn, Greene, Grissom, Harris of Cabarrus, Hawes, Henderson, Henry of Henderson, Howard, Ingram, Joyner, Keener, Kelly, Kirby, Love, Mann of Pasquotank, McCor- mick, McKay, McNeill, McRae, Person, Robbins, Russ, Shepherd, Smith of Washington, Waddell, Williams and Young of Yancey—34. On motion of Mr. McKay, H. B. 2T0, to authorize the Gov¬ ernor to issue commissions for holding court9 of oyer and ter¬ miner, was taken up and after being amended, was passed its second and third readings. The following bills were approved and signed by the Speaker, having been reported from the committee on En¬ rolled bills; A bill to alter the rules of law in relation to Probate of Wills; Resolution in favor of A. C. Latham; A bill in favor of C. A. Boon ; Resolution in favor of Jas. M. Neal. On motion of Mr. Fowle, the rules were suspended, and S. B. 319, was taken up. The hour of 1 o'clock having arrived, the House proceeded to vote for five Trustees of the University. Pending the consideration of S. B. 319, On motion, The House took a recess to half-past 3 o'clock. Afternocm Session—WEDNESDAY Feb. 4,1863. S. B. 319, concerning county site of Mitchell county was under consideration, and the question being, shall the bill 1862-63.} HOUSE JOURNAL. 235 pass its third reading, it was decided in the negative—yeas 31, nays 50. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are: Messrs. Bernhardt, Beall, Berry, Brown, Burns, Bynum, Cobb, Costner, Davis, Fleming, Fowle, Gentry, Gilliam, Har¬ ris of Chatham, Harrison, Henderson, Horton, Jenkins, Joy- ner, Judkins, Love, Parks, Patterson, Peebles, Person, Rey- nolds, Richardson, Rives, Sherwood, Stanford, Stancill, Wad- dell, Watson and Williams—31. Those who voted in the negative are: Messrs. Allison, Alford, Avera, Barringer, Beam, Benbury', Best, Bryan, Bryson, Carpenter, Craig, Crawford, Dunn, Flynt, Foust, Foy, Glenn, Greene, Hampton, Harris of Cabar¬ rus, Hawes, Henry of Bertie, Henry of Henderson, Howard, Ingram, Keener, Kelly, Kirby, Laws, Lemmonds, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McCormick, Mc¬ Kay, McNeill, Nissen, Riddick, Robbins, Russ, Russell of Brunswick, Russell of Craven, Shepherd, Shober, Smith, Wallen, Woodall, Young of Iredell and Young of Yancey—50. Mr. Bynum, from the committee to superintend the elec¬ tion of Trustees of the University, reported as follows: That the whole number of votes cast was 132; necessary to a choice 67. Of which M. L. Wiggins received 82; L. F. Siler 76 ; F. E. Shober 71; Gen. D. H. Hill 59 ; Thomas. I. Faison 51; P. Richardson 46; Geo. Davis 31 j Jno. Pool 25; Wm. H. Bobbitt 20; D. M. Carter 18 ; S. J. Person 18 ; W. W. Lenoir 15 J. W. Cameron 11; David Outlaw 13 ; L. C. Edwards 12 ; W. J. Houston 12 'T C. H. Wiley 12 j Jas. W. Bryan 10 \ T. J. Wilson 10 ; Jas. W. Osborne 6; David A. Barnes 6 j Saml F. Phillips 6 ; W. A. Wright 1; R. L. Beall 1; W. J. Mont¬ gomery 4 ; W. B. Wright 3; C. B. Sanders 3 ; E. J. Warren 2; W. W. Peebles 2; Alex. Wilson 2 ; R. C. Puryear 1; A. C. Cowles 1; R. II, Smith 1; C. B. Riddick 1; T. J. Morrisey 1; W. H. Bagley 1; S. J. Neal 1; J. J. Davis 1; Giles 236 HOUSE JOURHAL. [Session Leitch 1; M. Q. Waddell 1; E. B. "Withers 1; Prof. Simmons 1; Col, McAfee 1. M. L, "Wiggins, F. E. Shober and L. F. Siler baying re¬ ceived a majority of all the votes cast, are declared elected. Received from the Senate a message proposing to go imme¬ diately into an election of two Trustees of the University. Which was not agreed to. On motion of Mr. Shepherd Ordered, That a message be sent to the Senate stating that the House insists upon its amendments to the Revenue Bill and proposes a committee of conference on the same. On motion of Mr. Lemmonds, H. R. 257, in favor of C. Austin was taken up, and the rules being suspended, was passed its second and third readings. Received from the Senate a message stating its agreement to the proposition for a committee of conference on the Rev¬ enue Bill. Ordered, That Messrs. Shepherd, Watson, Person, Allison and Russell of Brunswick, constitute our part of said com¬ mittee. On motion, the House adjourned until to-morrow 10 o'clock. THURSDAY, February 5, 1863. Received from the Senate a message transmitting resolu¬ tions to provide clothing for certain persons confined in Con¬ federate prison at Salisbury, with an amendment. Mr. Love moved to lay the whole matter on the table. Rot agreed to—yeas 27, nays 61. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Brown, Bynum, Cobb, Crawford, Davis, Fleming, Foy, Gilliam, Harris of Cabarrus, Hawes, Henderson, Hodges, Judkins, Kirby, Lemmonds, Logan, Love, Manning, McKay, 1362-63.} HOUSE JOUBNAL. 237 Peebles, Eives, Shepherd, Smith of Washington, Stanford and Stancill—27. Those who voted in the negative are : Messrs. Allison, Albritton, Avera, Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bryan, Bryson, Burgin, Car¬ penter, Carson, Craig, Dunn, Plynt, Fowle, Foust, Gentry, Glenn, Greene, Grissom, Hampton, Harris of Chatham, Hen¬ ry of Bertie, Henry of Henderson, Headen, Hollingsworth, Howard, Horton, Ingram, Jenkins, Joyner, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McNeill, McEae, Nissen, Parks, Patterson, Eiddick, Ehodes, Bobbins, Euss, Bussell of Craven, Sher¬ wood, Waddell, Wallen, Wat3on, Woodall, Young of Iredell, and Young of Yancey—61. The amendments of the Senate were then agreed to. Mr. Bynum presented the following resolution: Resolved, That the members of this House of Commons do contribute their per diem of one day for the purpose of pur¬ chasing wood for the indigent families of soldiers of this city, and that a committee of three be appointed to receive and pay the same to the Mayor who shall apply it immediately as herein specified. Which resolution was agreed to. Ordered, That Messrs. Harris of Chatham, Grissom and Williams be the committee. Mr. Fleming, from the Judiciary Committee reported a bill 310, to provide for investigation of the charges against citi¬ zens by the Confederate government. Eead first time, passed, and the rules being suspended, was passed its second and third readings. Mr. Allison, from the Committee on Propositions and Grievances, reported favorably Mr. Woodall's resolution con¬ cerning the seizure of wagons and teams, and it was passed. Mr. Burgin, from the committee on Claims, reported favor¬ ably the following resolutions, and the rules be suspended, they were passed their second and third readings: 333, resolution in favor of B. L Dunlap. 23S HOUSE JOURNAL. [Session 332, resolution for the relief of J. W. Cromartie. Received from the Senate a message transmitting a resolu¬ tion concerning the sheriff of Stokes, with an amendment as to the title. Which was agreed to. Mr. Shepherd, from the Committee of Conference upon the Revenue hill, submitted a report. In which the House concurred. Mr. Grissom, from the Committee on Military Affairs, re¬ ported H. 13. 286, for the promotion of deserving soldiers, with a substitute. Read first time, passed, and the rules be¬ ing suspended, was read the second time. Mr. Peebles offered an amendment, as a substitute to the substitute, that the first ten regiments of the N. C. Troops have the privilege of electing their own officers. Hot agreed to. The bill then passed its second and third readings. The special order for 11 o'clock was postponed to 1 o'clock, and H. B. 339 to punish aiders and abettors of deserters was taken up. On motion of Mr. Waddell, it was amended by inserting the word " knowingly " before the word " harbor." Mr. Carson moved that the bill be referred back to the committee, with certain instructions. Hot agreed to. Mr. Sherwood moved to strike out the second section, which reads as follows: Sec. 2. Be it further enacted, That for the purposes of this - act, every person called out by virtue of the conscript law of Congress, shall be construed to be in the military service of the Confederate States, from the time at which he may be ordered to report for duty, and until exempted or regularly discharged. Which motion was agreed to —yeas 48, nays 41. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Albritton, Avera, Bernhardt. Barringer, Benbury, Berry, Best, Bryan, Bryson, Carpenter, Carson, 18G2-'63] HOUSE JOURNAL. 239 Cowles, Craig, FJynt, Fowle, Foust, GJenn, Grissom, Henry of Bertie, Henry of Henderson, Howard, Horton, Ingram, Jenkins, Jovner, Kelly, Kerner, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McKay, McNeill, McRae, Nis- aen, Patterson, Riddick, Robbins, Russell of Brunswick, Sherwood, Waddell, Wallen, Watson, Wellborn, Woodall, Young of Iredell and Young of Yancey—18. Those who voted in the negative are : Messrs. Amis, Beall, Beam, Brown, Bumpass, Burgin, Bynum, Cobb, Costner, Crawford, Dunn, Fleming, Gentry, Gilliam, Hampton, Harris of Cabarrus, Harris of Chatham, Hawes, Henderson, Headen, Hodges, Judkins, Keener, Laws, Lemmonds, Logan, Love, Manning, Peebles, Person, Rey¬ nolds, Richardson, Rives, Rhodes, Russ, Russell of Craven, Shepherd, Shober, Smith of Washington, Stanford and Stan- cill— II. Mr. Person offered the following as section 2nd : Sec. 2. Be it further enacted, That any person who shall entice, persuade or tempt any person enrolled and ordered to report for duty as a conscript, to disobey such order, or who shall knowingly aid, assist, habor or maintain under any pre¬ tence whatever any such conscript in refusing to obey such order, shall be guilty of a high misdemeanor, and upon con¬ viction thereof in the Superior Court, shall be fined or im¬ prisoned or both at the discretion of the Court, or in the discretion of the Court may be sentenced to serve in the army of the Confederate States during the war without pay or bounty. Which was agreed to—yeas 60, nays 26, A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Amis, Bernhardt, Barringer, Beall, Beam, Brown, Bryan, Bumpass, Burgin, Bynum, Carpenter, Cobb, Costner, Craig, Crawford, Dunn, Fleming, Fowle, Foy, Gentry, Gil¬ liam, Hampton, Harris of Cabarrus, Harris of Chatham, Har¬ rison, Hawes, Henderson, Henry of Henderson, Headen, 240 HOUSE JOURNAL. [Session Hodges, Ingram, Joyner, Judkins, Keener Kelly, Kirby, Laws, Lemmonds, Logan, Love, Manning, McCormick, Mc¬ Kay, McNeill, McRae, Peebles, Person, Reynolds, Richard¬ son, Rives, Rhodes, Robbins, Russ, Russell of Craven, Shep¬ herd, Shober, Smith of "Washington, Stanford, Stancill and Waddell—61. Those who voted in the negative are : Messrs. Allison, Avera, Benbury, Berry, Best, Bryson, Carson, Glenn, Grissom, Henry of Bertie, Howard, Jenkins, Kerner, Lyle, Mann of Pasquotank, Nissen, Parks, Patterson, Riddick, Russell of Brunswick, Sherwood, Wallen, Watson, Woodall, Young of Iredell, and Young of Yancey—26. On motion of Mr. Fowle, in the first section, the words " or in the discretion of the Court may be sentenced to serve in the army of the Confederate States during the war, without pay or bounty," were stricken out. On motion of Mr. Fowle, the 3d section of the bill was stricken out. The bill then passed its second reading. The bill was then read the third time. Mr. Cowles moved to insert " at the discretion of the Gov¬ ernor," after the'word "States." Agreed to. The bill then passed—yeas 80, nays 1. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are: Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Beall, Beam, Benbury, Berry, Best, Brown, Bryan, Bryson, Bum- pass, Bnrgin, Bynum, Cobb, Costner, Craig, Crawford, Dunn, Flynt, Foust, Fowle, Foy, Gentry, Gilliam, Glenn, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, Henry of Henderson, Head en, Hodges, Horton, Joyner, Judkins, Keener, Kelly, Kerner, Laws, Lem¬ monds, Logan, Love, Mann of Hyde, Mann of Pasquotank, Manning, McCormiok, McKay, McNeill, McRae, Nissen, Parks, Patterson, Person, Reynolds, Richardson, Riddick, Rives, Rhodes, Robbins, Russ, Russell of Brunswick, Bus- 1862-63.] HOUSE JOURNAL. 241 sell of .Craven, Shepherd, Shober, Sherwood, Smith of Washington, Stanford, Stancill, Waddell, Wallen, Wellborn, Woodall, Young of Iredell, and Young of Yancey —81. Those who voted in the negative are : t Messrs Cowles and Jenkins—2. Mr. Keener, by leave, from the Committee on Propositions and Grievances, reported a bill, 310, concerning Peedee River, and ask to be discharged from the further considera¬ tion of the same. On motion, The House adjourned until to-morrow morning 10 o'clock. ERIDAY, February 6, 1863. Mr. Shepherd introduced a resolution, 341, concerning printing the Journals of the House of Commons. Read first time, passed, and the rules being suspended, was passed its second and third readings. Mr. McCormick presented nominations for magistrates from Harnett county, which were recommended. Mr. Shober presented a petition from the salt commissioner of Rowan county. Read and referred to Committee on Prop¬ ositions and Grievances. Mr. Russell of Brunswick, introduced a bill, 343, in rela¬ tion to public roads. Read first time, passed, and the rules being suspended, was passed its second and third readings. Mr. Horton a resolution, 342, in favor of John R. Hodges. Read first time and passed. Read the second time and re¬ jected. Mr. Person a bill, 344, to incorporate the Branch Monu¬ mental Association. Read first time and passed, and the rules being suspended, was passed its second and third read¬ ings. Mr. Person a bill, 345, to incorporate the Anderson Mon¬ ument Association. Read first time, passed, and the. rules being suspended, was passed its second and third readings. 16 242 HOUSE JOURNAL. [Session Mr. Horton a bill, 346, to amend an act concerning tlie county site of Mitchell county; ratified December 20, 1862. Read first time and passed. Mr. Horton moved to suspend the rules that the bill be read the second time. Hot agreed to. Mr. Sherwood a bill, 347, to amend the charter of Pied¬ mont Railroad Company. Read first time and passed, and referred to the Committee on Internal Improvements. Mr. Horton a bill, 348, to repeal the act creating the coun¬ ty of Mitchell, and acts supplementary thereto. Read first time and passed. Mr. Horton moved to suspend the rules that the bill be read the second time. Hot agreed to. Received from the Senate a message transmitting the fol¬ lowing engrossed bills, which were read the first time and passed: 349, a bill to incorporate the Tuckasegee Mining Company; 350, a bill to authorize the Deacons and Trustees of Sharon Church to sell the parsonage and lands attached; 353, a bill to incorporate the Hantihala Mining Company; 354, a bill to incorporate the Franklin Mining Company; 355, A bill to incorporate the Macon County Mining Company; 356, a bill to re-establish the bounty to soldiers; the rules were suspended, and the bill passed its' second and third readings. 352, a bill to incorporate the H. C. Christian Advocate Publishing Company; the rules were suspended, and the bill was passed its second and third readings. 351, a bill authorizing the levying and collecting taxes in the county of Yadkin for the year 1863. Mr. Cowles moved to suspend the rules. Mr. Shepherd moved to lay the bill and the motion on the table; Agreed to. Mr. Fleming from the Judiciary Committee, reported, favorably, H. B. 313, to amend 5th section of the 5th chapter of the Revised Code. i862-63.] HOUSE JOURNAL. Received from the Senate a message, stating certain amend¬ ments made by that body to the bill to amend the charter of the Chatham Railroad Company. To which amendments the House agreed. The Committee on Enrolled Bills reported as correct, and the Speaker signed and approved the following bills: A bill to allow Rufus Galloway and other sheriffs to col¬ lect arrears of taxes; A bill to amend an act entitled " Militia Bill Resolution in favor of Mary C. Gulley; A bill concerning the State Educational Association^ A bill to incorporate the town of Dallas, in Gaston county 4 Resolution in favor of sureties of W. D. Humphrey. Received from the Senate a message, transmitting nomina¬ tions for magistrates. "Which were recommended. Received from the Senate a message, etating that the Sen¬ ate refuses to agree to the amendments to the Revenue Bill, and proposes to raise another Committee of Conference. Which proposition was agreed to. Ordered, That Messrs. Shephard, Person, Russell of B., Allison and Watson constitute our part of said committee. Mr. McAden, from the committee to inquire into certain reasons relating to soldiers' bounty, presented a report, which was read. Moved that it he printed. Mr. Shepherd moved that it lay on the table until to-mor¬ row. Agreed to—yeas 62, nays 29. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Albritton, Alford, Amis, Bernhardt, Beam, Bcrrv, Brown, Bryan, Bumpass, Bynum, Carson, Cobb, jOostner, Crawford, Davis, Fleming, Eoy, Gilliam, Greene, Grissom, George, Hampton, Harris of Cabarrus,' Harris of Chatham, Hawes, Henderson, Henry of Henderson, Headen, Hodges, Howard, Horton, Ingram, Jenkins, Joyner, Judkins, Keener, 2 U HOUSE JOURNAL. [Session Kirby, Lemmonds, Logan, Love, Mann of Hyde, Mann of Pasquotank, Manning, McKay, McNeill, McRae, Patterson, Peebles, Person, Reynolds, Richardson, Hives, Rhodes, Bob- inson,, Kuss, Shepherd, Shober, Smith, Stanford, Stancill, Waddell, "Wallen and Williams—62. Those who voted in the negative are: Messrs. Allison, Avera, Benbury, Best, Bryson, Burgin, Carpenter, Cowles, Craig, Dunn, Foust, Fowle, Gentry, Glenn, Harrison, Henry of Bertie, Kerner, Laws, Lyle, McAden, McCormick, Nissen, Parks, Bobbins, Bussell of Brunswick, Watson, Wellborn, Woodall and Young of Iredell—29. The special order was then taken up, it being H. B. 331, to amend the law entitled " Militia." On motion of Mr. Shepherd, H. B: 197, was made the special order as soon as the Militia Bill shall be disposed of. Mr. Waddell offered the following as an additional section: Be it further enacted, That the Governor have power to appoint field officers to command any force raised under the provision of the 5th section that he may think proper and expedient. Which was agreed to. On motion of Mr. Person, the bill was amended by insert¬ ing after the word "members" the words and officers." On motion of Mr. Cobb, an amendment was agreed to ex¬ empting one salt commissioner for each county. Mr. Ingram offered to amend by striking out " members of the General Assembly and regular Ministers of the Gospel." Hot agreed' to. On motion of Mr. Watson, an amendment was agreed to exempting all persons making " shoes and all other manufac¬ tures of leather." Mr. Avera offered an amendment in addition to other ex¬ emptions to exempt " any person who may have four children under ten years of age dependent upon his labors for their support." Which was agreed to—yeas 63, nays 27. 1862-63.] HOUSE JOURNAL. 245 A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Albritton, Afford, Avera, Barringer, Berry, Best, Bryan, Carpenter, Costner, Cowles, Crawford, Flynt, Foust, Fowle, Foy, Gentry, Glenn, Greene, Grissom, Hampton, Har¬ ris of Chatham, Harrison, Henry of Henderson, Headen, Hollingsworth, Howard, Horton, Ingram, Jenkins, Joyner, Judkins, Kelly, Kerner, Kirby, Laws, Mann of Pasquotank, MeAden, McCormiek, McKay, McNeill, Nissen, Parks, Pat¬ terson, Peebles, Person, Richardson, Rhodes, Robbins, Rob¬ inson, Russ, Russell of Brunswick, Sherwood, Shober, Smith, Stancill, "Waddell, Wallen, "Watson, Wellborn, Williams, Woodall and Young of Yancey—63. Those who voted in the negative are-: Messrs. Allison, Amis, Beall, Brown, Bumpass, Burgin, Bynum, Cobb, Craig, Dunn, Fleming, Gilliam, George, Harris of Cabarrus, Hawes, Henderson, Lemmonds, Logan, Love, Lyle, Manning, McRae, Reynolds, Riv-es, Shepherd, Stanford .and Young of Iredell—27. Mr. Dunn moved to exempt all persons who have furnish¬ ed substitutes in the Confederate States army over 45 years of age. Not agreed to. On motion of Mr. Manning, the 5th section was amended so that the companies shall consist of as many men and offi¬ cers as the Governor may determine. Mr. Foy offered the following as an additional section : Be it further Enacted) That whenever the Governor shall call out a portion of the militia, he shall require each county in the State to furnish its equal portion of troops as near as possible, and should the militia so called out remain in the field a long time the Governor may alternate the services of the companies so as to let the fi'rst called out .be relieved oc¬ casionally by other companies who have not been in service. Mr. Cowles offered the following as a substitute to Mr. Foy's amendment: Be it further enacted, That all persons engaged in manu- HOCJSE JOURNAL. [Session factoring or farming, shall be exempted from service under this act. Mr. Cowles* amendment was not agreed to. The question then being upon Mr. Foyrs amendment it was decided in the negative—yeas 39, nays 52. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Albritton, Best, Bynum, Carson, Cobb, Crawford, Dunn, Foust, Fowle, Foy, Gilliam, Greene, George, Hawes, Henderson, Henry of Bertie, Hodges, Ingram, Joyner, Jud- kins, Kirby, Mann of Pasquotank, Manning, McCormicb, McKay, McRae, Peebles, Hives, Rhodes, Robinson, Russ, Russell of Brunswick, Shepherd, Smith of Washington, Sprnill, Stanford, Stancill,Waddell,Williams and Woodall—39. Those who voted in the negative are: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Beam, Berry, Brown, Bryan, Burgin, Carpenter, Cost- ner, Cowles, Craig, Fleming, Flynt, Gentry, Glenn, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Henry of Henderson, Headen, Hollingsworth, Howard, Hor- ton, Jenkins, Kelly, Kerner, Laws, Lemmonds, Logan, Love, Lyle, McNeill, Parks, Patterson, Person, Reynolds^ Richard¬ son, Bobbins, Sherwood, Shober, Wallen, Watson, Wellborn, Young of Iredell and Young of Yancey—52. Mr. Robbins moved to strike out all after the word "news¬ paper," in the 3d section. Not agreed to. Mr. Stancill moved to strike out all of the 3d section. Not agreed to. Mr. Stanford offered an amendment that when called out companies shall serve for only one month, and then be re¬ placed by others not first called out. Not agreed to. On motion of Mr. Shober, an amendment was agreed to exempting the Attorney General and Solicitors. The bill then passed its second reading. Mr. Kirby moved to reconsider the vote by wbick the House agreed to Mr. Avera's amendment.. Agreed to. 1862-63.] HOUSE JOURNAL. 247 The question then recurring upon Mr. Avera's amendment, it was decided in the negative—yeas 40, nays 52. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Avera, Bernhardt, Berry, Bryan, Carpenter, Car¬ son, Cowles, Davis, Flynt, Fowle, Glenn, Greene, Harris of Chatham, Hollingsworth, Horton, Ingram, Jenkins, Joyner, Judkins, Kerner, Mann of Pasquotank, McAden, McCormick, McNeill, Nissen, Parks, Patterson, Robbins, Robinson, Rus¬ sell of Brunswick, Sherwood, Stanford, Stancill, Waddell, "Wallen, Watson, Wellborn, Williams, Woodall and Young of Yancey—40. Those who voted in the negative are: Messrs. Allison, Albritton, Alford, Amis, Barringer, Beall, Benbury, Best, Brown, Bryson, Bumpass, Burgin, Bynum, Cobb, Costner, Craig, Crawford, Dunn, Foy, Gentry, George, Gilliam, Grissom, Hampton, Harris of Cabarrus, Harrison, Hawes, Henderson, Henry of Bertie, Henry of Henderson, Headen, Hodges, Howard, Keener, Kelly, Kirby, Laws, Lem- monds, Logan, Love, Lyle, Manning, McRae, Person, Rey¬ nolds, Richardson, Rives, Russ, Shepherd, Shober, Spruill and Young of Iredell—52. The bill was then read the third time. Mr. Robbins offered his amendment again, to strike out all after the word newspaper in the 3rd section. Not agreed to. The bill then passed. On motion the House took a recess to half-past 3 o'clock. Afternoon Session—FRIDAY, February 6, 1863. Received from His Excellency, the Governor, by his private secretary, Mr. R. H. Battle, a message concerning the seizure, by the Confederate States government, of iron belonging to the A. & N. C. R. R. On motion of Mr. Shepherd, 248 HOUSE JOURNAL. [Session Ordered^ That the message be sent to the Senate with a proposition to raise a joint select committee upon the same. Received from His Excellency, the Governor, a message transmitting a letter from Adj. Gen. Martin in reply to a res¬ olution of inquiry from the House, as follows : Adj. Gen's Office, Eeb. 6, 1863. To Sis Excellency, Z. B. Yance, Governor of S. G.— Governor : A copy of a resolution adopted by the House of Commons requesting a statement of the number of conscripts and volunteers from each county in the State has been re¬ ceived. The information desired cannot be correctly furnished from this office, for the reason that only the original muster rolls of companies are filed here,which do not include either conscripts or recruits, of whom a large number have joined the regi¬ ments of N. C. troops. Your obd't serv't, J. G. MARTIN, Adjutant General. Received from the Public Treasurer a communication, which was read. On motion of Mr. Shepherd, Ordered, That it be sent to the Senate and referred to the Committee on Finance. Received from the Senate a message transmitting nomina¬ tions for magistrates. Which were recommended. Several nominations were made for the county of Beaufort. Also, by Mr. Russell of B., for the county of Brunswick. Which the House approved. S. B. 197, was then taken up and considered. Mr. Shepherd moved to amend, so as to increase the chief Clerk's salary for two years, from January 1, 1863, to $1300. Agreed to. Mr. Williams' amendment was then considered. 1862-63.} HOUSE JOURNAL. 219 Mr. Harris of Chatham, moved to amend by striking out " three " and inserting " five." Accepted. The question being upon agreeing to the amendment of Mr. Williams, it was decided in the'negative-r-yeas 26, nays 58. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Benbury, Brown, Bryan, Carson, Cowles, Gentry, George, Greene, Harris of Chatham, Headen, Ingram, Joy- ner, Judkins, Kirby, Lemmonds, Logan, Love. Mann of Pas¬ quotank, McKay, Bhodes, Robinson, Russ, Standi!, Waddell, Wallen, Williams and Young of Yancey—26. Those who voted in the negative are : Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Beam, Berry, Best, Bryan, Burgin, Bynum, Carpenter, Cobb, Costner, Crawford, Dunn, Fleming, Foust, Fowle, Foy, Glenn,Grissom,Hampton,Harris of Cabarrus,Harrison,Hawes, Henderson, Henry of Bertie, Henry of Henderson, Howard, Borton, Jenkins, Keener, Kelly, Kernel*, Laws, Lyle, Man¬ ning, McAden, McCormick, McNeill, McRae, Nissen, Parks, Patterson, Reynolds, Richardson, Rives, Robbins, Russell of Brunswick, Shepherd, Sherwood, Shober, Smith of Washing¬ ton, Woodall and Young of Iredell—58. On motion of Mr. Shepherd, H. B. 302 was made the special order for to-morrow at 11 o'clock. Also, on his motion, S. B. 322 was made the special order for 12 o'clock. On motion, the House adjourned until to-morrow 10 o'clock. SATURDAY, February 7, 1863. Mr. Foust, from the select committee on rooms in the Capi¬ tol, reported a bill, 357, to authorize certain alterations in the Treasury office. Read first time and passed, and the rules being suspended, was passed its second and third readings. Mr. Shepherd, from the committee of conference, submit¬ ted a report as follows: 250 HOUSE JOURNAL. [Session The Committee of Conference between the two Houses of the General Assembly direct me to report an amendment as follows in Section 1, clause 2: (2) " All the slaves in .this State, which slaves (excepting mechanics) are hereby declared to be of the following value: all slaves under five years of age, of the value of one hun¬ dred dollars; all between five and ten years of age, of the value of"two hundred dollars; all between ten and twenty years of age, of the value of five hundred and fifty dollars; all between twenty and thirty years of age, of the value of seven hundred and fifty dollars; all between the ages of thirty and forty years, of the value of five hundred dollars; all between the ages of forty and sixty years, of the value of two hundred dollars "; all slaves over the age of sixty shall be held as a distinct class, of the value of twenty-five dollars. And all the slaves habitually employed in any mechanical trade, shall be valued in classes as follows: all such slaves be¬ tween the ages of twenty and thirty years, thirteen hundred dollars; all between the ages of thirty and forty years, one thousand dollars; all between the ages of forty and forty-five years, six hundred dollars ; all between the ages of forty-five and fifty years, four hundred dollars; all between the ages of fifty and sixty years, two hundred dollars; and after sixty years, at twenty-five dollars—excepting such as the County Courts may have exempted, or may hereafter exempt from taxation, on account of bodily or mental infirmity." Upon all other questions, the amendments heretofore made will stand, except in so far as it may be necessary to change them, in order to meet this last amendment; provided the General Assembly shall adopt it. J. G. SHEPHERD, For the Committee. The question being, shall the House agree to the report of the Conference Committee, it was decided in the negative— yeas 24, nays 65. 1862-63.] rHOUSE JOURNAL. 251 A call for the yeas and nays b,eing seconded by one-fifth of the members present, Those voted in the affirmative are r Messrs. Allison, Berry, Brown, Bynum, Cobb, Davis, Har¬ ris of Cabarrus, Harris of Chatham, Hawes, Henderson, Joy- ner, Judkins, Kirby, Lyle, Mann of Hyde, Riddick, Rives, Rhodes Robinson, Russ, Russell of Brunswick, Russell of Craven, Stancill and Williams—24. Those who voted in the negative are: Messrs. Albritton, Alford, Amis, Avera, Bernhardt, Bar- ringer, Beall, Benbury, Best, Bryan, Bryson, Bumpass, Bur- gin, Carpenter, Carson, Costner, Cowles, Craig, Crawford, Dunn, Eleming, Flynt, Foust, Fowle, Foy, Gentry, Glenn, Greene, Grissom, Hampton, Harrison, Henry of Bertie, Hen¬ ry of Henderson, Headen, Hollingsworth, Howard, Horton, Ingram, Jenkins, Keener, Kelly, Kerner, Laws, Logan, Love, Mann of Pasquotank, Manning, McCormick, McKay, McNeill, McRae, Nissen, Parfc, Patterson, Pearce, Richardson, Rob- bins, Sherwood, Shober, Waddell, Wallen, Watson, Wellborn, Young of Iredell and Young of Yancey—65. On motion of Mr. Fowle, Ordered, That a message be sent to the Senate informing that body that the House does not concur in the report of the committee of conference upon the Revenue Bill, and pro¬ posing that a new committee of conference be appointed to consist of five upon the part of each House, and that the committee be instructed to report a system by which each slave may be taxed according to his value, to be assessed as in case of land, and requesting the agreement of the Senate to the same. Mr. Foy, from the committee to investigate certain reasons concerning bounty pay to soldiers, submitted a minority report, which was read. On motion of Mr. McAden, the majority report, submitted by him on yesterday, and the minority report and accompa¬ nying documents were ordered to be printed. On motion of Mr. Kirby, 252 HOUSE JOURNAL. [Session Ordered^ That a message "be sent to the Senate proposing that the two Houses of this General Assembly do adjourn sine die on Wednesday next, the l'lth of February, at 6 o'clock A. M. Mr. Bryan introduced a resolution 358, to inclose the sol¬ diers' burial ground. Read first time, passed, and the rules being suspended, was passed its second and third readings. Mr. Mann of P., a resolution 359, in favor of T. P. Gregory. Read first time and passed. The following bills were introduced, read first time, passed, and the rules being suspended, were passed their second and third readings: Mr. Grissom, a bill 360, to legalize certain disbursements from the Treasury. Mr. Russll of B., a bill 361, to amend 4th section of 4th chapter of the Revised Code. Mr. Joyner, by consent of the House,^was allowed to record his vote in the affirmative on the passage of H. B. 197, on ■ yesterday. On motion of Mr. Harris of Cabarrus, H. B. 177, was taken up and passed its second third and readings. On motion of Mr. Manning, H. B. 34, was taken up, and after being on his motion amended, was passed its second and third readings. The special order was then taken up, it being H. B. 302 for the protection of our citizens against small pox. On motion of Mr. Shepherd, the blank as to the sum of money was filled'so as to read the sum of $30,000 annually. On motion of Mr. Kirby, section 4th was stricken out. Received from the Senate a message transmitting the accompanying engrossed bills and resolutions : 363, a bill to incorporate the Dispatch Steamboat Company. Read first time and passed. 362, a resolution in favor of J. W. Freeman. Read first time and passed. Received from the Senate a message refusing to agree to the message of the House as to the Revenue Bill, and pro- lS62-'63.] HOUSE JOURNAL. 253 posing a conference committee of five on the part of each House without instructions. "Which was agreed to. A motion to postpone indefinitely H. B. 302, was not agreed to—yeas 25, nays 48. , A call for the yeas and nays "being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Bernhardt, Beall, Bynum,Costner, Cowles, Fleming, Flynt, Fonst, Gentry, Hampton, Hawes, Henry of Hender¬ son, Headen, Hollingsworth, Keener, Logan, Manning, Mc¬ Neill, McRae, Hives, Bobbins, Robbinson, Russ, Wallen and Young of Iredell—25. Those who voted in the negative are : Messrs. Allison, Albritton, Avera, Barringer, Benbury, Berry, Best, Bryan, Bryson, Burgin, Cobb, Craig, Crawford, Davis, Dunn, Fowle, Glenn, Grissom, Harris of Cabarrus, Harris of Chatham, Harrison, Henderson, Howard, Horton, Ingram, Jenkins, Joyner, Judkins, Kerner, Love, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, Parks, Patterson, Peebles, Richardson, Riddick, Rhodes, Shepherd, Sherwood, Shober, Smith of Washington, Stancill, Waddell, Watson and Young of Yancey—48. Mr. Watson offered an additional section, as section 4, which was agreed to. The bill then passed its second and third readings. On motion, The House took a recess to half-past 3 o'clock. Afternoon Session—SATURDAY, Feb. 7,1863. On motion of" Mr. Shepherd, S. B. 322, to provide for the completion of the claim of North-Carolina against the Con¬ federate government, was taken up and passed its second and third readings. HOUSE JOURNAL. [Session The following bills were taken up and passed their second and third readings: On motion of Mr. Richardson, H. B. 306, to ameud section 2d, chapter 64, of Revised Code. On motion of Mr. Benbury, a bill, 230, to authorize the State Quartermaster to pay commutation money for boots and shoes. Amended by Mr. Costner to include clothing. On motion of Mr. McCormick, S. B. 363, to incorporate the Dispatch Steamboat Company. S. B. 195, to amend the charter of the N. C. Powder Manu¬ facturing Company. On motion of Mr. Shober, S. B. 261, to incorporate the town of Chesnut Hill, in Rowan county. On motion of Mr. Mann, of Pasquotank, the House went into secret session.- Which being over, Mr. Grissom moved that a message be sent to the Senate proposing to raise a joint committee of three upon the part of the House and two upon the part of the Senate, to examine into the condition of the Secretary of State's office. " Mr. McKay moved to lay that motion on the table. Not agreed to—yeas 30, nays 41. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are: Messrs. Barringer, Brown, Bynum, Cobb, Costner, Craw¬ ford, Poust, Foy, Harris of Cabarrus, Harris of Chatham, Hawes, Henderson, Headen, Ingram, Judkins, Keener, Kirby, Love, Manning, McKay, McNeill, McRae, Rives, Rhodes, Robbins, Robinson, Russ, Stancill, Waddell and Williams—30. And those who voted in the negative are: Messrs. Allison, Albritton, Amis, Bernhardt, Benbury, Berry, Best, Bryan, Bryson, Burgin, Carpenter, Carson, Cowles, Craig, Gentry, Greene, Grissom, Hampton, Henry of Henderson, Hollingsworth, Howard, Horton, Joyner, Kelly, Lyle, Mann of Hyde, Mann of Pasquotank, McCor¬ mick, Nissen, Parks, Pearce, Richardson, Riddick, Russell 1862-'63.] HOUSE JOURNAL. 255 of Brunswick, Sherwood, Shober, Smith of Washington, Wal- len, Wellborn, Young of Iredell, and Young of Yancey—41. Ordered, That Messrs. Fowle, Shepherd, Foust, Albritton, and Bobbins constitute our part of the committee of confer¬ ence. On motion, . The House adjourned until Monday morning 10 o'clock. MONDAY, February 9, 1863. Received from the Senate a message, transmitting nomina¬ tions for magistrates. Which were recommended. Mr. Fowle nominated one for Wake county, who was recommended. Mr. Fowle, from the Judiciary Committee, reported ad¬ versely H. B. 279, concerning administration on soldiers' estates. Also, adversely H. B. 329, in relation to runaway slaves. Mr. Shepherd, from the Committee on printing, reported that they had examined the Printing Office of the Deaf and Dumb Asylum, and that there is not now there sufficient ma¬ terials to execute the public work, and that the necessary material cannot now be obtained; further, that the Directors and Superintendent of that Institution do not desire the pub¬ lic printing, and that Mr. Palmer's name was used without his consent. Also, that they have acted on the resolution as to alleged frauds in the Public Printing, and that no evidence has come before them, and that they are not able to ascertain in what the fraud consists. Mr. Allison, from the Committee on Propositions and Grievances, reported a resolution, 369, in relation to Rowan county, and asked to be discharged from the same. Mr. Sherwood presented the following resolution: Resolved, That hereafter no one be allowed to speak more than ten minutes upon any question. 256 HOUSE JOURNAL. [Session ,On motion of Mr. McCormick, amended so as to say " five " instead of " ten." Tlie rules were suspended and the resolution passed. Mr. Henry of Henderson, introduced a resolution, 364, to furnish Clerks of Transylvania county with the Revised Code and laws. Read first time and passed, and the rules being suspended, the resolution was read the second time. On motion of Mr. Young of Yancey, it was amended by adding Mitchell county; and On motion of Mr. Bryson, by adding Clay county. The bill then passed its second and third readings. Mr. Fleming introduced a bill, 365, to incorporate the Rhy¬ mer Gold Mining Company. Read first time and passed, and the rules being suspended, was passed its second and third readings. Received from the Senate a message agreeing to the prop¬ osition from the House, to adjourn sine die on "Wednesday, at 6 o'clock A. M., and transmitting certain nominations for magistrates. Which were recommended. Received from the Senate a message stating its part of the committee of conference on the Revenue Bill. Received from the Senafe a message stating certain amend¬ ments made by the Senate to the bill for the relief of wives and families of soldiers. To which the House agreed. The unfinished business was then taken up, it being the motion of Mr. Grissom to appoint a committee of investiga¬ tion on the Secretary ot States' department. Which, being amended, was agreed to. On motion, the committee of conference was allowed to sit during the sessions of the House. Ordered, That Messrs. Foust, Patterson, Manning, Jenkins and Brown, constitute our part of Committee on Enrolled Bills. Received from the Senate a message stating that the Sen- 1862-63.] HOUSE JOURNAL. 257 ate refuses to agree to the amendments of the House' to S. B. 217, in relation to salaries and fees. On motion of Mr. Shober, Ordered, That a message he sent to the Senate, stating that the House insists upon its amendments, and proposing a committee of conference on S. B. 217, to consist of three from each House. Received from the Senate a message transmitting an en¬ grossed resolution in favor of the Wilmington & Weldon Railroad. Which resolution was read the first time and passed, and the rules being suspended, was passed its second and third readings. The following bills and resolutions passed their second and third readings, under a suspension of the rules: 77, a bill to repeal 3rd, 4th and 5th sections of 17th chapter of the Revised Code. On motion of Mr. Wellborn, 326, a bill to incorporate the Yadkin Valley and Western Railroad Company. , On motion of Mr. Robinson, 291, a resolution in favor of L. L. Clements. , On motion of Mr. Young of Y., 255, a bill in favor of A. A. Wiseman. On motion of Mr. Wallen, 256, a bill in favor of H. Hunter. S. B. 295, to incorporate the Vestal's Ford Toll Bridge Company. S. B. 282, to enforce and make more effectual an act regu¬ lating payment of bounty. On motion of Mr. Headen, 294, a bill to amend the charter of the town of Pittsborough. On motion of Mr. Sherwood, 290, a bill in fayor of the ex¬ ecutrix of the late Judge Dick. On motion of Mr. Love, 250, a resolution in favor- of Wm. Green. On motion of Mr. Robinson, 134r a resolution in favor of J. G. Carroway. S. B. 199, concerning insane persons. 17 258 HOUSE JOURNAL. [Session On motion of Mr. Hampton, 187, a resolution in favor of E. M. Wellborn On motion of Mr. Joyner, 313, a bill to amend 5tli section of tbe 5th chapter of the Revised Code. S. R. 368, to employ additional engrossing clerks. S. R. 362, in favor of J. W. Freeman. On motion of Mr. Shober, 109, a bill concerning the statute of limitations. H. B. 107, concerning distribution of salt to soldiers' fami¬ lies was taken up and rejected. H. B. 70, for the better regulation of slaves, was taken np and indefinitely postponed. Received from the Senate a message, stating that the Sen¬ ate agrees to the proposition to raise a joint select committee on seizure of iron by the Confederate Government from the Atlantic & N. C. Railroad. Also, transmitting appointment of magistrates. Which were recommended. Ordered, That Messrs. Best, Hanes and Woodall pon9titute -our part of the committee on seizure of iron. Received from the Senate a message, stating that the Sen¬ ate agrees to the proposition for a Committee of Conference •on the bill to amend 102d chapter of Revised Code. Also, that the Senate agrees to the proposition to appoint a com¬ mittee to investigate the condition of the Secretary of State's office, and stating their part of said committee. Ordered, That Messrs. Shober, Allison and Shepherd con¬ stitute our part of the Committee of Conference; and that Messrs. Grissom, Fowle and Love constitute our part of the committee of inquiry into the Secretary's office. Mr. Grissom moved to rescind the order to adjourn sine die on Wednesday at 6 A. M. Which motion was laid on the table until 11 o'clock to¬ morrow. Mr. Amis presented the following resolution: Resolved, That the Governor be requested to communicate jto this House-such information as may be in his possession, 1862-'63.] HOUSE JOURNAL. 259 relative to the impressment by the Confederate authorities of the hands and teams in the employment of J. M. Worth, State agent for the manufacture of salt on the coast. Which was passed. Bills upon their order on file were then taken up. H. B. 58, to amend charter of Greenville and French Broad Railroad Company, was considered and made the spe¬ cial order for to-morrow at 11 o'clock. Received from His Excellency, Governor Yance, by his Private Secretary, a message, in answer to the resolution of Mr. Amis, and transmitting his letter to, and answer from Gen. Smith, who had ordered the teams to be restored. Mr. Shepherd, from the Committee of Conference, sub¬ mitted a report; which was read. In which the House concurred. Received from the Senate a message, transmitting an en¬ grossed resolution in favor of Joseph Marshall. Which resolution was read first time and passed, and the rules being suspended, was passed its second and third readings. On motion of Mr, Shepherd, H. B. 271, to provide for the erection of Iron Works for the manufacture of Railroad and other iron, was taken up and read the second time. Mr. Shepherd presented a number of amendments; which were agreed to. The question being, shall the bill pass its second reading, it was decided in the negative—yeas 27, nays 39. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are-: Messrs. Allison, Alford, Amis, Bumpass, Duke, Foust, Glenn, Harris of Cabarrus, Harris of Chatham, Henry of Henderson, Headen, Ingram, Keener, Mann of Pasquotank, McCormick, McNeill, McRae, Richardson, Rhodes, Robbins, < Robinson, Shepherd, Sherwood, Shober, Waddell, Wellborn and Young of Yancey—27. Those who voted in the negative, are: 260" HOUSE JOUBNAL. [Session: Messrs. Albritton, Bernhardt, Berry, Best, Brown, Bryan, Burgin, Bynum, Carpenter, Carson, Cobb, Costner, Cowles, Craig, Fleming, Flynt, Bowie, Gentry, Greene, Harrison, Hollingsworth, Howard, Horton, Jenkins, Jndkins, Laws, Love, Lyle, Mann of Hyde, Manning, Nissen, Parts, Patter¬ son, Buss, Bussell of Brunswick, Staneill, Wallen, Woodall and Young of Iredell—39. The Honse then took a recess to half-past 3 o'clock. Afterkook Session—MONDAY, February 9, 1863. Mr. Brown moved to reconsider the yote by which H. 271 was rejected. Agreed to. On motion of Mr. Shepherd, the hill was amended as to the 1st and 2nd sections, making its provisions apply to certain persons and not open to general application. The bill then passed its second reading. A call for the yeas and nays not being seconded by one-fifth of the members present, The bill was read the third time, and the question being shall this bill pass its third reading, it was decided in the affirmative. Yeas 38, nays 27. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Alford, Amis, Beall, Brown, Bryan, Burgin, Duke, Foust, Glenn, Greene, Hampton, Harris of Cabarrus, Harris of Chatham, Hawes, Henry of Bertie, Henry of Hen¬ derson, Headen, Howard, Ingram, Keener, Logan, Lyle, Mann of Pasquotank, McCormick, McKay, McNeill, HeKae, Nissen, Bichardson, Bobbins, Bobinson, Buss, Shepherd, Sherwood, Shober, "Wallen, Wellborn, Woodall and Young of Yan¬ cey—38. Those who voted in the negative are: Messrs. Albritton, Bernhardt, Benburry, Berry, Best, Bry- son, Byniim, Carpenter, Carson, Cobb, Costner, Flynt, Foy, 1862-63.] HOUSE JOURNAL. 261 Urentrj, Harrison, Hollingsworth, Joyner, Eerner, Laws,Mann of Hyde, Manning, Parks, Patterson, Pearce, Riddick, Stan- cill, Williams and Young of Iredell—28. Mr. Hawes introduced a resolution, 370, in favor of Rev. ■Colin Shaw. Read the first time and. passed, and the rules being suspended, was read the second time and rejected. Mr, Burgin, from the Committee on Claims, reported fa¬ vorably H. R. 359, in favor of T. P. Gregory. Read first time, passed, and the rules being suspended, was read the second time and rejected. H. B. 14, a bill in relation to the currency, was laid on the table. 5, a bill concerning extortion was amended by striking out •all but the first section, and then it passed its seeond and third readings. The following bills were read the second time and laid on the table: H. 13, a bill to abolish the office of State Geologist; H. 29, a hill for the relief of the sick and wounded soldiers in the army; H. 40, resolution in favor of the counties west of the Blue Ridge H. 45, a bill to raise ten thousand volunteers for the defence of the State; H. 46, a bill to stimulate the production of provisions during the war; H. 49, a bill defining extortion and encouraging honorable •speculation; H. 52, a bill to extend the provisions of the 8th section of -45th chapter of the Revised Code ; II. 53, a hill to define and punish extortion and for other purposes ; H. 54, a bill to suppress extortion ; H. 57, a bill to repeal 1st, 2nd and 3rd sections of the Re- wised Code, 110th chapter; H. 64, a bill to encourage the manufacture of cotton and woolen cards; 2@2 HOUSE JOURNAL. [Session H. 65, a resolution of instruction to our Representatives in Congress; H. 73, a "bill to regulate prices of articles of prime necessity and of labor; H. 75, a bill concerning Justices of the Feace ; H. 76, a bill to prevent traffic in spirituous liquors near the General Military Hospital; H. 79, a resolution concerning the Mints • H. 80, a bill to amend the Sth section of the 37th chapter of the Revised Code ; H. 85 ; resolution concerning the conscription act. On motion of Mr. Amis, the rules were suspended, and H. R. 271, was ordered to be engrossed and sent to the Senate. On motion, the House took a recess to 7 o'clock. Evening- Session—MONDAY, February 9,1863. Received from the Senate a message transmitting the following engrossed bills, which were read first time and passed: A bill to amend the Revised Code in reference to Habeas Corpus ; A bill to authorize an extra term of Randolph County Court; The following bills were read the second time and laid on the table: H. 91, a bill to protect the salt works; H. 92, a bill to punish horse-stealing'T H. 94, a bill to create a patrol force in each county in the State ^ H. 98, a bill to provide additional pay to soldiers; IL 99, a resolution concerning salt; H. 100, a bill to exempt officers and soldiers of North-Car¬ olina from poll tax ;- H. 102, a resolution to continue in force an ordinance of the Convention to exempt soldiers from poll tax; 1862-'63.] HOUSE JOURNAL. 263 H. 107, a resolution in favor of soldiers' families; H. 113, a bill for the strengthening of the laws already in force for the protection of personal liberty; H. 132, a bill to incorporate the Daniel's Creek Church in Lincoln county; 136, resolutions of patriotism ; 145, a bill concerning public police ; 14S, a bill concerning extortion ; H. 72, a bill to increase the pay of soldiers in the service of the State, was rejected ; II. 124, a bill for the relief of the families of deceased sol¬ diers, and to provide for a roll of honor, was passed its second and third readings. H. 138, a bill to provide for holding courts in Hertford county, was passed its second and third readings. Mr. Grissom moved that the rules be suspended, and S. 374, a bill to amend the Revised Code, relative to habeas corpus,, be taken up. Agreed to—yeas 59, nays 23. A call for the yeas and nays being seconded by one-fifth of ' the members present, Those who voted in the affirmative are: Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bryan, Bryson, Bur- gin, Carpenter, Cowles, Craig, Duke, Flynt, Foust, Fowle, Gentry, Glenn, Greene, Grissom, Hampton, Harris of Chat¬ ham, Harrison, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth,Howard,Horton,Ingram, Jenkins, Joyner, Kee¬ ner,Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McRae, Nissen, Parks, Patterson, Riddick, Rob- bins, Russell of Brunswick, Sherwood, Shober, Waddell,Wal- len, Wellborn, Woodall, Young of Iredell and Young of Yan¬ cey—59. Those who voted in the negative are : Messrs. Brown, Bumpass, Bynum, Cobb, Costner, Fleming, Foy, Harris of Cabarrus, Hawes, Judkins, Kirby, Logan, Love, Manning, McKay, McNeill, Person, Richardson, Rives, Rhodes, Robinson and Stancill—23. 264 HOUSE JOURNAL. [Session Mr. McKay moved to lay the bill upon the table. Not agreed to—yeas 23, nays 58. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Brown, Bumpass, Bynum, Cobb, Costner, Foy, Harris of Cabarrus, Harris of Chatham, Headen, Judkins, Keener, Kirby, Logan, Love, Manning, McKay, Person, Richardson, Rives, Rhodes, Robinson, Shepherd and Stan- cill—23. Those who voted in the negative are : Messrs. Allison, Albritton, Alford, Amis, A vera, Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bryan, Bryson, Bur- gin, Carpenter, Carson, Cowles, Duke, Flynt, Fonst, Fowle, Gentry, Glenn, Greene, Grissom, Hampton, Harrison, Hawes, Henry of Bertie, Henry of Henderson, Hollingsworth, How¬ ard, Horton, Ingram, Jenkins, Joyner, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McNeill, McRae, Nissen, Parks, Patterson, Riddiek, Robbins, Russell of Brunswick, Sherwood, Shober, Waddell, Wallen, Wellborn, Woodall, Young of Iredell, and Young of Yancey—58. Mr. Person offered to amend the 2d section, ffih line, by inserting " and there being no sufficient evidence to detain him." Amendment not agreed to—yeas 36, nays 44. A call for the yeas and nays being seconded by one-fifth of the members present. Those who voted in the affirmative are : Messrs. Amis, Avera, Bernhardt, Beall, Brown, Bryan, Bumpass, Bynum, Cobb, Costner, Duke, Foy, Gentry, Hamp¬ ton, Harris of Cabarrus, Harris of Chatham, Hawes, Henry of Henderson, Headen, Joyner, Judkins, Keener, Kirby, Logan, Love, Manning, McKay, McNeill, McRae, Person, Richardson, Rives, Rhodes, Robinson, Buss, Shepherd, Stan- cill and Waddell—36. Those who voted in the negative are : Messrs. Allison, Albritton, Alford, Barringer, Benbury, 1862—'63.] HOUSE JOURNAL. 285 Berry, Best, Bnrgin, Carpenter, Carson, Cowles, Flynt, Foust, Fowle, Glenn, Grissom, Harrison, Henry of Bertie, Hollings- worth, Howard, Horton, Ingram, Jenkins, Kerner, Laws, Lyle, Mann of Pasquotank, McCormick, Nissen, Parks, Pat¬ terson, Riddick, Russell of Brunswick, Sherwood, Skober, Wallen, "Wellborn, Woodall, Young of Iredell, and Young of Yancey—44. Mr. Bumpass moved that the bill be indefinitely postponed. Not agreed to—yeas 23, nays 57. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Brown, Bumpass, Bynum, Cobb, Costner, Foy, Harris of Cabarrus, Harris of Chatham, Hawes, Headen, jJudkins, Keener, Kirby, Logan, Manning, McKay, Person, Richardson, Rives, Rhodes, Robinson, Shepherd and Stan- cill—23. Those who voted in the negative are: Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Benbnry, Berry, Best, Bryan, Bryson, Bur- gin, Carpenter, Carson, Cowles, Craig, Duke, Flynt, Foust, Fowle, Gentry, Glenn, Grisson, Hampton, Harrison, Henry of Bertie, Henry of Henderson, Hollingsworth, Howard, Horton, Ingram, Jenkins, Joyner, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McNeill, McRae, Nissen, Parks, Patterson, Riddick, Robbins, Russell of Bruns¬ wick, Sherwood, Shober, Waddell, Wallen, Wellborn, Wood- all, Young of Iredell, and Young of Yancey—5T. Mr. Person offered to amend the 1st section by adding thereto the words: " Provided that this section shall not apply to any place where the President has, under the act of Com gress, suspended the habeas corpus act" Amendment not agreed to—yeas 28, nays 52. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Brown, Bumpass, Bynum, Cobb, Costner, Fleming, 266 HOUSE JOURNAL. [Session Foy, Hampton, Harris of Cabarrus, Harris of Chatham,ILawes, Headen, Judkins, Kirby, Logan, Love, Manning, McKay, McNeill, Person, Richardson, Rives, Rhodes, Robinson, Russ, Shepherd, Stancill and Waddell—28. Those who voted in the negative are : Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Bgnbury, Berry, Best, Bryan, Bryson, Bur- gin, Carpenter, Carson, Cowles, Duke, Flynt, Foust, Fowle, Gentry, Glenn, Grissom, Harrison, Henry of Bertie, Henry of Henderson, Hollingsworth, Howard, Horton, Ingram, Jenkins, Keener, Kernel-, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, Nissen, Parks, Patterson, Rid- dick, Robbins, Russell of Brunswick, Sherwood, Shober, Wallen, "Wellborn, Woodall, Young of Iredell, and Young of Yancey—52. Mr. Cobb moved that the House do now adjourn until to¬ morrow 10 o'clock. Not agreed to—yeas 10, nays 59. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Bumpass, Cobb, Fleming, Foy, Harris of Cabarrus, Judkins, Manning, Person, Robinson and Stancill—10. Those who voted in the negative are : Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall Benburry Berry, Best, Bryan, Bryson, Bur- gin, Carpenter, Carson, Cowles, Duke, Flynt, Foust, Fowle, Gentry, Glenn, Grissom, Hampton, Hawes, Henry of Bertie, Henry of Henderson, Headen, Hollingsworth, Howard, Horton, Jenkins, Joyner, Keener, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, Mc¬ Neill, McRae, Nissen, Parks, Patterson, Riddick, Robbins, Russ, Russell of Brunswick, Shepherd, Sherwood, Shober, Waddell, Wallen, Wellborn, Woodall, Young of Iredell, and Young of Yancey—59. The bill then passed its second reading—yeas 56, nays 23. A call for the yeas and nays being seconded by one-fifth of the members present, 1862-'63.] HOUSE JOURNAL. 267 Those who voted in the affimative are : Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bryan, Bryson, Bur- gin, Carpenter, Carson, Cowles, Duke, Flynt, Foust, Fowle, Gentry, Glenn, Grissom, Hampton, Harrison, Henry of Ber¬ tie, Headen, Hollingsworth, Howard, Horton, Ingram, Jen¬ kins, Joyner, Kerner, Laws, Lyle, Mann of Hyde, Mann of -Pasquotank, McCormick, McNeill, McRae, Nissen, Parks, Patterson, Riddick, Robbins, Russell of Brunswick, Sherwood, Shoberfc Wad dell, Wallen, Wellborn, Woodall, Young of Iredell, and Young of Yancey—56. Those who voted in the negative are : Messrs. Brown, Bumpass, Bynum, Cobb, Costner, Fleming, Foy, Harris of Cabarrus, Harris of Chatham, Hawes, Judkins, Keener, Kirby, Logan, Love, Manning, McKay, Person, Richardson, Rives, Rhodes, Robinson, Shepherd and Stan- cill—23. The rules being suspended, the bill was passed its third reading. S. 373, a bill to authorize a special term of the county court of Randolph, was passed its second and third readings. On motion, The House adjourned until to-morrow half-past 9 o'clock. TUESDAY, February 10, 1863. Mr. Grissom from the committee on the Secretary of State's office, submitted a report accompanied by a bill, 375, to au¬ thorize the Secretary of State to employ a Clerk. Read first and passed. A motion to suspend the rules "was not agreed to. Mr. Headen introduced a resolution, 376, in favor of the Doorkeepers. Read first time, passed, and the rules being suspended, the resolution passed its second and third readings. Mr. Foust from the committee on Enrolled bills, reported the following bills as having been examined and found cor- 268 HOUSE JOURNAL. [Session rect, which, bills were approved and signed by the Speaker: A bill to provide for the completion of the claim of North- Carolina against the Confederate government, and for other purposes; Resolution in favor of Jas. W. Freeman; Resolution in favor of Wilmington & Weldon Railroad Company; A bill to incorporate the Nl C. Christian Advocate Pub¬ lishing Company; A bill concerning insane persons; A bill to amend an act passed 18f4r-'45, to incorporate the town of Pittsborough in the county of Chatham ; Resolution to employ additional Engrossing Clerks; Resolution in favor of the executrix of the late Judge Dick; A bill to enforce and make more effectual an act ratified December 22, 1862, regulating the payment of bounty; A bill to incorporate the Dispatch Steamboat Company; A resolution in favor of L. L. Clements; Resolution in favor of Joseph Marshall; A bill to incorporate the Yestal's Ford Toll Eridge Com¬ pany; A bill to provide for the holding of courts in Hertford county; A bill to authorize and require the Quartermaster of the State to pay commutation money for boots and shoes; A bill to amend the charter of the N. C. Powder Manufac¬ turing Company; A bill to authorize the Auditor of Public Accounts to ad¬ minister oaths; Resolution authorizing the Treasurer to pay certain claims allowed by the Board of Claims; A bill in relation to bounty. Mr. Fowle introduced a resolution, 377, in favor of the Clerks of the two Houses. Read first time and passed, and the rules being suspended, was passed its second and third readings. 1862-63.] HOUSE JOUEHAL. 269 Mr. Sherwood moved that the bill 347, to amend the char¬ ter of the Piedmont Bailroad Company, be taken up. Hot agreed to. Mr. Avera moved that a message be sent to the Senate, proposing to go into an election for two Trustees of the Uni¬ versity. Hot agreed to. The following bills were read the second time and laid on the table: H. 155, resolution in favor of Caldwell county; H. 156, resolution in favor of K. C. Hargrave, J. S. Small, and E. J. McBride; H. 157, a bill to re-establish civil suits in the county of Henderson; H. 176, resolutions guaranteeing Horth-Carolina's portion of the Confederate debt. Mr. Person offered the resolution reported by the joint committee as a substitute. On motion the resolutions and substitute were laid on the table—yeas 44, nays 26. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- ger, Beall, Benbury, Berry, Bryan, Bryson, Carpenter, Cowles, Craig, Duke, Flynt, Foust, Fowle, Glenn, Greene, Grissom, Henry of Bertie, Headen, Hollingsworth, Howard, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McHeill, Hissen, Parks, Patterson, Pearce, Bid- dick, Eussell of Brunswick, Sherwood, Shober, Waddell, Wallen, Woodall, Young of Iredell, and Young of Yancey—44. Those who voted in the negatve are: Messrs. Brown, Bumpass, Bynum, Cobb, Costner, Fleming, Foy, Gentry, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes,' Horton, Logan, Love, Manning, McKay, Person, Bichardson, Bives, Bobinson, Buss, Shepherd, Smith of Washington, Stancill and Williams—26. The special order was then taken up, it being Mr. Gris* 270 HOUSE JOURNAL. [Session som's resolution to reseind the joint order to adjourn sine die on Wednesday, at 5 o'clock. And the question being upon the passage of the resolution, it was decided in the affirma¬ tive—yeas 39, nays 31. A nail for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Allison, Alford, Avera, Benbury, Bryan, Bryson, Burgin, Carpenter, Cowles, Craig, Duke, Fleming, Foust, Fowle, Foy, Grissom, Harris of Cabarrus, Harrison, Henry of Bertie, Hollingsworth, Howard, Horton, Jenkins, Logan, Love, Mann of Hyde, Manning, McCormick, Riddick, Rus¬ sell of Brunswick, Shepherd, Sherwood, Shober, Smith of Washington, Waddell, Wallen, Wellborn, Woodall and Young of Yancey—39. Those who voted in the negative are: Messrs. Albritton, Bernhardt, Beall, Berry, Best, Bumpass, Bynum, Cobb, Costner, Gentry, Glenn, Greene, Hawes, Headen, Joyner, Kelly, Kerner, Laws, Lyle, McNeill, Parks, Patterson, Pearce, Richardson, Rives, Rhodes, Robinson, Russ, Stancill, Williams and Young of Iredell—31. Mr. Best, from the committee on seizure of iron from the Atlantic & N. C. Railroad, submitted a report accompanied by a resolution, 382, authorizing and requesting the Governor to protest against such seizure. Mr. Person offered an amendment, that should it appear to the Governor that said iron is necessary for public defence, he shall deliver it to the Confederate States, and take bond that it be delivered in kind or money. Received from the Senate a message, stating that the Sen¬ ate proposes to go immediately into an election of two Trus¬ tees for the University. Which proposition was agreed to. Messrs. P. Richardson and Z. B. Yance were nominated for Trustees. The House then proceeded to vote. II. 178, a bill to transfer the State's interest in the Cape 1862-63.] HOUSE JOURNAL. 271 Fear and Deep River ^Navigation Company to individuals, was laid on the table. H. 180, a bill authorizing the Public Treasurer to repay bounty in certain cases, was laid on the table. Mr. Fleming moved to take from the table H. 46, a bill to stimulate the production of provisions during the war. "Which was not agreed to—yeas 20, nays 42. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Berry, Bryan, Bumpass, Costner, Cowles, Craig, Fleming, Foy, Gentry, Hampton, Harris of Cabarrus, Hawes, Howard, Horton, Jenkins, Kelly, Logan, Love, Person, Shep¬ herd, Stancill, Wallen and Williams—20. Those who voted in the negative are : Messrs. Allison, Albritton, Alford, Amis, Bernhardt, Bar- ringer, Benbury, Best, Carpenter, Carson, Cobb, Foust, Fowle, Glenn, Harris of Chatham, Harrison, Henry of Bertie, Head- en, Ingram, Lawes, Lyle, Mann of Hyde, Mann of Pasquo¬ tank, Manning, McCormick, McKay, McNeill, Nissen, Parks, Patterson, Pearce, Riddick, Rives, Rhodes, Robinson, Russ, Sherwood, Smith of Washington, Stancill, Woodall, Young of Iredell, and Young of Yancey—42. Received .from the Senate a message transmitting an en¬ grossed bill to amend the charter of the town of Asheville, and a resolution to raise a committee of investigation upon matters relating to transportation on Railroads, which was read first time and passed. The following bills and resolutions, under a suspension of the rules, were passed their second and third readings : S. 379., a bill to amend the.charter of the town of Asheville ; S. 380, a resolution to raise a committee of investigation upon matters relating to transportation on Railroads ; H. 118, a resolution in favor of Capt. W. B. Clement's company of cavalry; H. 198, a bill concerning the Courts of Pleas and Quarter 272 HOUSE JOURNAL. [Session Sessions of Franklin county—amended, on motion of Mr. Bernhardt, by adding Caldwell county; H. 207, a bill to prevent slaves from making or trading in spirituous liquors. The following bills were read the second time and laid on the table: H. 180, a resolution in favor L. J. Haughton and J. C. Hooker; S. 196, a bill to prevent harboring deserters and prevent resisting their arrests; H. 209, a bill to reorganize the militia; H. 211, a resolution to continue the Board of Claims; . H. 212, a bill concerning unlawful entry and detainer; H. 304, a bill to amend the 8th section of 83rd chapter of the Revised Code was rejected ; . H. 58, a bill to amend the charter of the Greenville and French Broad Railroad Company was considered, and the question being, shall this bill pass its third reading, it was decided in the negative—yeas 15, nays 56. , A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Beall, Brown, Burgin, Costner, Foy, Harris of Chatham, Horton, McCormick, Barks, Pearce, Person, Shep¬ herd, Sherwood, Stancill and Wallen—15. Those who voted in the negative are: Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Barringer, Benbury, Berry, Best, Bryan, Bryson, Carpenter, Carson, Cobb, Cowles, Craig, Fleming, Flynt, Foust, Gentry,- Glenn, Greene, Grissom, Hampton, Harris of Cabarrus, Har¬ rison, Hawes, Henry of Bertie, Headen, Howard, Ingram, Jenkins, Kelly, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, McNeill, Nissen, Patterson, Riddick, Rives, Rhodes, Robinson, Russ, Russell of Brunswick, Sliober, Smith of Washington, Wellborn, Williams, Woodall, Young of Iredell and Young of Yancey—56. Received from the Senate a message transmitting a bill to 1862—'63.J HOUSE JOURNAL. 273 amend the act to prevent the distillation of spirituous liquors, ■yrhich was read first time, passed, and under a suspension of the rules, was passed its second and third readings. The resolution, 382, concerning seizure of iron belonging to the Atlantic & N. C. Railroad, was then considered. The question being Upon agreeing to Mr. Person's amend¬ ment, the vote was yeas 24, nays 26. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are S Messrs. Barringer, Bryan, Costner, Cowles, Fleming, Foy, Gentry, Hams of Cabarrus, Harris of Chatham, Headen, Horfcon, Ingram, Logan, Love, Manning, Person, Richardson, Rhodes, Robinson, Shepherd, Sherwood, Smith of Washing¬ ton, Stancill and Waddell—24. Those who voted in the negative are : Messrs. Allison, Albritton, Alford, Amis, PBernhardt, Berry, Best, Bryson, Plynt, Fowle, Henry of Bertie, How¬ ard, Jenkins, Kelly, Laws, Mann of Pasquotank, McCormick, Nissen, Parks, Patterson, Russ, Russell of Brunswick, Well¬ born, Woodall, Young of Iredell and Young of Yancey—26. It appearing that there was not a quorum voting, On motion of Mr. Shepherd, The House took a recess to half-past 3 o'clock. Afteenoon Session-—TUESDAY, Feb. 10, 1863. At 4 o'clock the Speaker ordered the roll to be called to ascertain if there was a quorum present. The following members answered to their names: Messrs. Speaker, Allison, Albritton, Amis, Avera, Bern¬ hardt, Beall, Benbury, Berry, Best, Brown, Bryan, Bryson, Burgin, Carpenter, Cobb, Cowles, Duke, Fleming, Flynt, Foust, Foy, Gentry, Glenn, Harris of Cabarrus, Harris of' Chatham, Harrison, Henry of Bertie, Headen, Hollingsworth,. Horton, Ingram, Joyner, Kelly, Kerner, Logan, Love, Lyle,. 18 HOUSE JOURNAL. [Session Mann of Hyde, Mann of Pasquotank, Manning MeCormick, McKay, McNeill, Nissen, Parks, Patterson, Person, Riddick, Rives, Rhodes, Robinson, Russ, Russell of Brunswick, Shep¬ herd, Sherwood, Shober, Smith of Washington, Stancill, Wad- dell, Wallen, Woodall and Young of Yancey—63. Mr. Shepherd stated that Messrs. Henry of Henderson, Robbins and Keener were absent on duty, as members of the Committee on Pinance. There appearing not to be a quorum present, Mr. Mann of Pasquotank moved that there be a call of the House. Agreed to. The Clerk then proceeded to call the roll, and the follow¬ ing members answered to their names: Messrs. Speaker, Allison, Albritton, Amis, Avera, Bern¬ hardt, Beall, Benbury, Berry, Best, Brown, Bryan, Bryson, Burgin, Carpenter, Cobb, Cowles, Puke, Fleming, Flynt, , iFoust, Foy, Gentry, Glenn, Harris of Cabarrus, Harris of Chatham, Harrison, Henry of Bertie., Headen, Hollingsworth, Horton, Ingram, Jenkins, Joyner,Kelly, Kernel*, Logan, Love, Xyle, Mann of Hyde, Mann of Pasquotank, Manning, McCor- rniick, McKay, McNeill, Nissen, Parks, Patterson, Person, Riddick, Rives, Rhodes, Robbins, Robinson, Russ, Russell of Brunswick, Shepherd, Sherwood, Shober, Smith of Wash¬ ington, Stancill, Waddell, Wallen, Wellborn, Woodall and Young of Yancey—66. It appearing that a quorum was present, On motion of Mr. Fleming, further proceedings under the *call were dispensed with. r The .House refused to grant leave of absence to Messrs. Cobb and Harris of Chatham. Leave of absence for the remainder of the session was ^granted to Messrs. Kerncr and Amis. Mr. Sherwood stated that his Colleague, Mr. Smith, was, :&nd had for some time, been unavoidably detained at home by sickness. The unfinished business was then taken up, it being the isresolntion, 3S2, concerning seizure of iron. 1862-'63.] HOUSE JOURNAL. 275 Mr. Waddell offered an amendment to the amendment, to strike out and insert that the iron shall be used for the •Ohatham Railroad. Not agreed to« The question then being, shall the House agree to the amendment of Mr. Person, it-was decided in the negative— jeas 19, nays 42, A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are.: Messrs. Beall, Bryan, Fleming, Foy, Harris of Chatham, Jngram, Logan, Love, Manning, McKay, Person, Rives, Rhodes, Robinson, Russ, Shepherd, Sherwood, Smith of "Washington, and Stancill—19. Those who voted-in the negative are: Messrs. Allison, Albritton, Amis, Avera, Bernhardt, Ben- bury, Berry, Best, Bryson, Burgin, Carpenter, Flynt, Foust, "■Gentry, Glenn, Grissom, Harrison, Henry of Bertie, Henry of Henderson, Headen, Horton, Jenkins, Joyner, Kelly, Laws, Lyle, Mann of Hyde, Mann of Pasquotank,. McCor- mick, McNeil], Nissen, Parks, Patterson, Riddick, Robbins, Russell of Brunswick, Shober, Waddell, Wallen, Wellborn, Woodall and Young of Yancey—42. The resolutions then passed. The following bills were read the second time and laid on the table: S. 223, a bill continuing in force 1st section of an ordinance concerning collection of taxes in certain counties passed 4th -session of the Convention ; S. 229, a bill to change the term of the Adjutant General and for other purposes; H. 231, a bill relating to vacancies occurring in the office of Adjutant General; H. 233, a bill to stop interest on debts when Confederate notes are tendered and refused; H. 236, a bill concerning emancipation of slaves by will; H. 254, a bill concerning Justices of the-Peace of Alex¬ ander county; 276 HOUSE JOURNAL. [Session H. 266, a bill in favor of Percy Ann Norton, a free person of color; H. 284, a bill to repeal an act relative to the county site of Mitchell county, passed this session of General Assembly '> H. 299, a bill to lay off a new county by the name of Lee; H. 300, a bill to authorize executors and others holding funds in trust to vest the same in Confederate stocks ;• H. 304, a bill to restore to credit N. G. Howell of Cherokee;; H. 307, a bill to allow John A. Carr to run a distillery IL. 310, a bill in relation to fish in Pee Dee river; H. 314, a resolution concerning the purchase of arms from, the Hillsborough Military Academy; H. 317, a bill in favor of Hector McNeill; H. 323, a bill to secure rights to property owned previous to marriage; H. 328, a bill to attach a part of Burke to Mitchell county; H. 346, a bill to amend an act concerning the county site of Mitchell county, ratified December 20, 1862 ; H. 348, a bill to repeal the act creating the county of Mitchell. The following bills and resolutions were read and passed their second and third readings: 259, a bill to incorporate the Orphan's Educational Board; H. 277, a resolution in favor of Jos. D. Hayes; H. 278, a bill concerning notaries public; H. 292, a bill to amend the 18th section 28th chapter of the Revised Code; H. 316, a bill regulating the service of process on the South¬ ern Express Company; H. 325, a bill in relation to the sale of spirituous liquors in Bladen county; H. 349, a bill to incorporate the Tuckasegee Mining Com¬ pany; H. 353, a bill to incorporate the Nantihala Mining Com¬ pany ; H. 354, a bill to incorporate the Franklin Mining and Man¬ ufacturing Company; 1862—'63.] HOUSE JOURNAL. 277 H. 355, a bill to incorporate the Macon County Mining Company. Received from the Senate a message stating the refusal of that body to agree to the proposition to rescind the joint res¬ olution to adjourn on Wednesday next at 6 o'clock, A. M, Received from the Senate a message stating a proposition from that body to rescind the order to adjourn on Wednesday next, and to substitute therefor Thursday*at 4 o'clock P. M. Which proposition was agreed to. H. 252, a bill to change the time for meeting of the General Assembly, was read the second time. Mr. Sherwood offered H. 253, as a Substitute. Not agreed to. The bill was then rejected. H. 269, was read the second time, it being a bill to allo.w guardians and others to invest in Confederate bonds. Mr. Fleming offered an amendment, which was accepted by Mr. Shober, the author of the bill. The question being, shall the bill pass, it was decided in the negative. Yeas 24, nays 38. A call for the yeas and nays being seconded by ©ne-fifth of the members present, Those voted in the affirmative are: Messrs. Beall, Brown, Bryan, Bryson, Burgin, Carpenter, Fleming, Foy, Gentry, Harris of Cabarrus, Horton, Laws, Manning, McKay, Person, Richardson, Rives, Rhodes, Rob¬ inson, Sherwood, Shober, Smith of Washington, Stancill and Williams—24. Those who voted in the negative are: Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, Benbnry, Berry, Best, Costner, Duke, Flynt, Foust, Glenn, fGrissom, Harris of Chatham, Harrison, Henry of Bertie, Headen, Hollingsworth, Kelly, Logan, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McNeill, Nissen, Parks, Patterson, Pearce, Riddick, Russ, Russell of Brunswick, Sher¬ wood, Wallen, Wellborn and Woodall—38. H. 272, a bill for the benefit of those who have overpaid or who may hereafter overpay taxes, was read the second time. 27% HOCTSE JOURNAL. [Session On motion of Mr. Shepherd, the second section, relating to turning the Clerk of the court out of office, was stricken out. H. 351, a bill to authorize the levying and collecting of taxes in the county of Yadkin, for the year 1863, not levied at the proper time, was laid on the table. Mr. Cobb1 from the committee to superintend the election of Trustees of the University, submitted a report as follows r Whole number of votes cast 111, necessary to a choice 56, of which T. A. Allison received 49; Gen. I>. H. Hill 41; Thos. I. Faison 36; Purdie Richardson 35; John Pool 22;- Z» B. Yance 20; George Davis 17, W. W. Lenoir 6; W. A. Wright 2; S. F. Phillips 2; L. C. Edwards 1; J. J. Davis 1; W. J. Montgomery 1; W. J. Houston 1; S.J. Person 1. Ho one having received a sufficient number of votes- there is-no election. On motion, The House adjourned until to-morrow morning 10 o'clock. WEDNESDAY, February 11, 1863. A number of nominations for magistrates were made, and the same recommended by the House. Received from the Senate a message proposing to rescind the joint order to adjourn on to-morrow- at 4 o'clock, and sub¬ stitute therefor 3 o'clock, P. M., of to-day. Which message was laid on the table. Received from the Senate a message agreeing to the amend¬ ments made by the House to raise a committee to investigate the affairs of the Railroads. Mr. Watson presented a resolution protesting against the impressment of meat, provisions and forage, by military au¬ thorities, in Caswell county. Which was passed—yeas 54, nays 12. A call for the yeas and nays being seconded by one-fifth of the members present. 1862-63.] HOUSE JOURNAL. 279 Those who voted in the affirmative are: Messrs. Allison, Albritton, Alford, Avera, Bernhardt, Beall, Benbury, Berry, Best, Bryan, Bryson, Bnrgin, Carpenter, Cowles, Craig, Crawford, Dunn, Flynt, Eoust, Fowle, Gentry, Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, Henry of Bertie, Headen, Hollingsworth, Ingram, Jenkins, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCormick, McNeill, Nissen, Parks, Patterson, Pearce, Hives, Rhodes, Russell of Brunswick, Sherwood, Shober, Stancill, Waddell, Wallen, Watson, Wellborn, Wood- all and Young of Yancey—<54. Those who voted in the negative are : Messrs. Bumpass, Fleming, Foy, Judkins, Keener, Logan, Love, Manning, McKay, Person, Robinson and Shepherd—12. Mr. Shepherd introduced a resolution, 383, in favor of the Engrossing Clerks. Read first time and passed, and the rules being suspended, was passed its second and third readings. Mr. Shepherd a bill, 384, supplementary to the act entitled " Revenue." Read first time and passed, and the rules being suspended, was passed its second and third readings. Mr. Person from the Judiciary Committee, reported, ad¬ versely, H. 366, a bill to compel free persons of color to serve in the army as cooks. The bill was read the second time and laid on the table. Received from the Senate a message transmitting the fol¬ lowing engrossed bill and resolution, which were, under a suspension of the rules, passed their second and third readings: A bill to amend an act entitled " Militia," passed at the present session of the General Assembly. Resolution directing the Secretary of State to have printed certain ordinances of the Convention in connection with the laws. Mr. Shepherd from the Committee on Printing, reported the claim of West & Johnston, and ask to be discharged from its further consideration, and recommend that they present the same to the Auditor. 280 HOUSE JOURNAL. [Session Mr. Kelly from the Library Committee, reported that the Library was neatly kept. Received from the Senate a message transmitting an en¬ grossed bill 389, to amend the act concerning the county site of Mitchell county. Read first time and passed. Mr. Horton moved to suspend the rules, that it be read the second time. Hot agreed to—yeas 31, nays 30. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Bernhardt, Beall, Berry, Burgin, Cowles, Duke, Fleming, Flynt, Foust, Fowle, Gentry, Harris of Chatham, Harrison, Hollingsworth, Horton, Jenkins, Keener, Kelly, Love, Nissen, Parks, Patterson, Pearce, Person, Bobbins, Robinson, Sherwood, Smith of Washington, Stancill, Watson and Wellborn—31. Those who voted in the negative are : Messrs. Allison, Albritton, Alford, Avera, Best, Bryan, Bry- son, Carpenter, Craig, Crawford, Dunn, Foy, Harris of Cabarrus, Henry of Bertie, Ingram, Judkins, Laws, Logan, Lyle, Mann of Pasquotank, McAden, McCormick, McNeill, Riddick, Russell of Brunswick, Shepherd, Shober, Wallen, Woodall and Young of Yancey—30. Received from the Senate a message transmitting the H. B. to insure protection of the people of North Carolina against small pox, with certain amendments made thereto by that body. Which was agreed to—yeas 44, nays 22. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Allison, Albritton, Avera, Berry, Best, Bryan, Bryson, Bumpass, Burgin, Carpenter, Cowles, Duke, Dunn, Foust, Fowle, Gentry, Grissom, Harris of Chatham, Harrison, Henry of Bertie, Headen, Ingram, Jenkins, Keener, Laws, Love, Lyle, Mann of Byde, Mann of Pasquotank, Manning, l862-'63.] HOUSE JOURNAL. 281 McAden, McCormick, Riddick, Rhodes, Robbins, Russell of Brunswick, Shepherd, Sherwood, Shober, Smith of Washing¬ ton, Stancill, Waddell, Wallen, Watson and Woodall—14. Those who voted in the negative are t Messrs. Bernhardt, Beall, Brown, Crawford, Fleming, Flynt, Foy, Hampton, Harris of Cabarrus, Hollingswortb, Horton, Judkins, Kelly, Logan, McNeill, Nissen, Barks, Patterson, Pearce, Person, Rives and Robinson—22. Mr. Russell of Brunswick, introduced a resolution in favor of Rufus Galloway. Read first time and passed, and the rules being suspended, was passed its second and third readings. Received from the Senate a message, transmitting a reso¬ lution, 387, instructing the Adjutant General to correspond with the Adjutant General and Governor of Yirginia rela¬ tive to arms furnished that State; which was read first time and passed, and the rules being suspended, was passed its second and third readings. H. 251, a bill by which free persons of color may enslave themselves, was read the second time, and laid on the table. H. 151, a bill to limit the production of cotton and tobacco, was read the second time. A motion that the bill be laid on the table was agreed to— yeas 41, nays 24. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Allison, Albritton, Alford, Avera, Beall, Best, Bry- son, Burgin, Carpenter, Dunn, Foust, Fowle, Foy, Harris of Chatham, Harrison, Henry of Bertie, Keener, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCormick, McKay, McNeill, Nissen, Parks, Patterson, Pearce, Riddick, Rives, Rhodes, Robbins, Robinson, Shepherd, Smith of Washington, Stancill, Waddell, Wallen, Woodall and Young of Yancey—41. Those who voted in the negative are: Messrs. Bernhardt, Berry, Brown, Bryan, Cowles, Craw- 282 HOUSE JOURNAL. [Session ford, Duke, Fleming, Flynt, Gentry, Grissom, Hampton,. Harris of Cabarrns, Hollingsworth, Ingram, Jenkins, Jud- kins, Logan, Love, Person, Russell of Brunswick, Sherwood, Shober and "Wellborn—21. The following bills were read the second time, and laid on the table: H. 310,. a bill in reference to fish in Pedee river; H. 163, a bill for an extra term of the Superior Court in Duplin county; H. 329, a bill in relation to runaway slaves; H. 375, a bill to authorize the Secretary of State to em¬ ploy a Clerk. S. 389, a bill to amend the act in relation to a county site of Mitchell county, was taken up, it being the last and only bill on file. Mr. Young of Yancey, moved that it be laid on th-e table; which motion was not agreed to—yeas 24, nays 41. A call for the yeas and nays being seconded by one-fifth of the members present, .Those who voted in the affirmative are: Messrs. Allison, Alford, Avera, Best, Bryson, Carpenter, Crawford, Dunn,Harris of Cabarrus, Henry of Bertie, Ingram, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCor- mick, McKay, Riddick, Rhodes, Shepherd, Waddell,Watson, Woodall and Young of Yancey—24. Those who voted in the affirmative are : Messrs. Albritton, Bernhardt, Beall, Berry, Brown, Bryan, Bumpass, Burgin, Fleming, Flynt, Foust, Fowle, Gentry, Grissom, Hampton, Harris of Chatham, Harrison, Headen, Hollingsworth, Horton, Jenkins, Keener, Laws, Logan, Love, Manning, Nissen, Parks, Patterson, Pearce, Person, Rives, Robbins, Robinson, Russell of Brunswick, Sherwood, Shober, Smith of Washington, Stancill, Wallen and Wellborn—41. Mr. Lyle moved to strike out " four," and insert " eight," miles. Not agreed to. Mr. Henry of Bertie, moved to amend by striking out u four," and inserting " six " miles. lS62-'63.] HOUSE JOUBNAL. 283 Mr. Fowle called for a division of the question, and the question being, shall the House strike out " four," it was de¬ cided in the negative. A call for the yeas and nays was not seconded by one-fifth of the members present. Mr. Mann moved to amend by inserting after "four miles," the words " and if a suitable site be not obtained within four miles, they may locate the same within eight miles." The question being Upon agreeing to this mendment, it was decided in the negative—yeas 25, nays 41. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Allison, Alford, Avera, Best, Bryson, Carpenter, Craig, Crawford, Dunn, Hampton, Harris of Cabarrus, Har¬ rison, Henry of Bertie, Headen, Judkins, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, McKay, McNeill, Bhodes, Wallen, "Woodall and Young of Yancey—25. Those who voted in the negative are: Messrs. Albritton, Bernhardt, Beall, Berry, Brown, Bryan, Burgin, Bynum, Fleming, Flynt, Foust, Fowle, Gentry, Glenn, Harris of Chatham, Henry of Henderson, Hollingsworth, Hor- ton, Ingram, Jenkins, Keener, Kelly, Laws, Logan, Love, Manning, Parks, Patterson, Pearce, Person, Bives, Bobbins, Bobinson, Bussell of Brunswick, Shepherd, Sherwood, Shober, Smith of Washington, Stanciil, Waddell and Watson—41. Mr. Henry of Bertie, moved that the bill be indefinitely postponed. Not agreed to—yeas 19, nays 43. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are : Messrs. Allison, Alford, Avera, Bryson, Carpenter, Dunn, Hampton, Harris of Cabarrus, Henry of Bertie, Headen, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, Mc¬ Neill, Bliodes, Wallen, Woodall and Young of Yancey—19. And those who voted in the negative are; 284 HOUSE JOURNAL. [Session Messrs. Albritton, Bernhardt, Beall, Berry, Brown, Bryan, Burgin, Bynum, Crawford, Flynt, Foust, Fowle, Gentry, Harris of Chatham, Harrison, Henry of Henderson, Hollings- woth, Horton, Ingram, Jenkins, Judkins, Keener, Kelly, Laws, Logan, Love,Manning, Parks, Patterson,Pearce,Person, Rives, Robbins, Robinson, Russell of Brunswick, Shepherd, Sherwood, Shober, Smith of Washington, Stancill, Waddell, Watson and Wellborn^—43. The bill then passed its second reading—yeas 39, nays 26 J A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Albritton, Bernhardt, Beall, Berry, Brown; Bryan, Burgin, Bynum, Crawford, Flynt, Foust, Fowle, Gentry, Glenn, Harris of Chatham, Harrison, Henry of Henderson, Hollingsworth, Horton, Jenkins Keener, Kelly, Laws, Logan, Love, Manning, Parks, Patterson, Pearce, Person, Rives, Robbins, Robinson, Shepherd, Sherwood, Smith of Washing- son, Stancill, Waddell and Watson—39. Those who voted in the negative are: Messrs. Allison, Alford, Avera, Best, Bryson, Carpenter, Craig, Dunn, Hampton, Harris of Cabarrus, Henry of Bertie, Headen, Ingram, Judkins, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCormick McNeill, Riddick, Rhodes, Shober, Wallen, Woodall and Young of Yancey—26. Mr. Mann of P., moved that the House adjourn. Not agreed to. Mr. Horton moved to suspend the rules, that the bill be read the third time. Not agreed to—yeas 42, nays 20. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are i Messrs. Albritton, Bernhardt, Beall, Berry, Brown, Bryan, Burgin, Bynum, Crawford, Flynt, Foust, Fowle, Foy, Gentry, Glenn, Harris of Chatham, Harrison, Henry of Henderson, Hollingsworth, Horton, Jenkins, Judkins, Keener, Kelly, 1862-'63.] HOUSE JOURNAL. m Laws, Logan, Love, Manning, Parks, Patterson, Pearce, Person, Rives, Robbing, Robinson, Russell of Brunswick, Shepherd, Sherwood, Smith of Washington, Stancill, WaddelJ and Watson—£2. Those who voted in the negative are : Messrs. Allison, Alford, Avera, Best, Bryson, Carpenter, Craig, Dunn, Hampton, Harris of Cabarrus, Henry of Bertie, Headen, Lyle, Mann of Pasquotank, McCormick, McNeill,. Rhodes, Wallen, Woodall and Young of Yancey—20. The bill was read the third time. Mr. Mann of Pasquotank, moved to lay it upon the table. Not agreed to—yeas 22, nays 40. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative ate: Messrs. Allison, Alford, Avera, Best, Bryan, Bryson, Car¬ penter, Craig, Dunn, Foy, Hampton, Haris of Cabarrns, Headen, Mann of Hyde, Mann of Pasquotank, McCormick, McKay, Rhodes, Wallen, Wellborn, Woodall and Yonng of Yancey—22. Those who voted in the negative are : Messrs. Albritton, Bernhardt, Beall, Berry, Brown, Burgin, Bynum, Crawford, Flynt, Foust, Fowle, Gentry, Glenn, Har¬ ris of Chatham, Henry of Henderson, Hollingsworth, Horton, Ingram, Jenkins, Keener, Kelly, Laws, Logan, Love, Man¬ ning, McAden, Nissen, Parks, Patterson, Pearce, Person, Riddick, Rives, Robbins, Robinson, Russell of Brunswick, Shepherd, Sherwood, Smith of Washington, Stancill and Watson—-40. The bill then passed its third reading—ye as 45, nays 21. A call for the yeas and nays being seconded by one-fifth of the members present, Those who voted in the affirmative are: Messrs. Albritton, Bernhardt, Beall, Benbury, Berry, Brown, Burgin, Bynum, Crawford, Flynt, Foust, Fowle, Gentry, Glenn, Harris of Chatham, Harrison, Henry of Henderson, Hollings worth, Horton, Jenkins, Keener, Kelly,. 286 HOUSE JOURNAL. [Session Laws, Logan, Love, Manning, He Aden, McKay, Nissen, Parks, Patterson, Pearce, Person, Riddick, Rives, Robbins, Robinson, Russell of Brunswick, Shepherd, Sherwood, Smith of Washington, Stancill, Waddell, Watson and Wellborn—45. Those who voted in the negative are: Messrs. Allison, Alford, Avera, Best, Bryan, Bryson, Craig, Dunn, Foy, Hampton, Harris of Cabarrus, Headen, Lyle, Mann of Hyde, Mann of Pasquotank, McCormick, Rhodes, Shober, Wallen, Woodall and Young of Yancey—21. Mr. Burgin. by leave, introduced a resolution 390, in favor of James McRimmon and A. Creech. Read first time and passed, and the rules being suspended, was passed its second and third readings. On motion, the House took a recess to half past 7 o'clock. Night Session—WEDNESDAY, Febktjahy 11,1863. Mr. Shepherd submitted a final report from the Committee on Finance upon the condition of the Comptroller's office. Read and sent to the Senate. Ordered, That Messrs. Robbins and McAden, take the place of absent members upon the Committee on Enrolled Bills. The following enrolled bills, reported from the committee as having been examined and found correct, were approved and signed by the Speaker: An act to incorporate the Macon County Mining Company; An act to incorporate the Franklin Mining and Manufac¬ turing Company; An act to incorporate the Nantihala Mining Company ; An act to incorporate the Tuckasege Mining Company; An act to authorize the deacons and trustees of Sharon Church to sell the parsonage and lands attached belonging to that Church.; An act regulating service of process on the Southern Ex¬ press Company; -1802-63.] HOUSE JOURNAL. 287 An act to amend 4th section of the 4th chapter of the Re¬ vised Code; Resolution requesting the Adjutant General of North Car¬ olina to correspond with the Adjutant General of Virginia relative to arms furnished that State ; An act to amend an act to prohibit the distillation of spirit¬ uous liquors; An act to amend an act entitled "Militia," passed at the present session of the General Assembly; An act concerning Extortion ; An act concerning sheriffs and their sureties. Received from the Senate a message transmitting the bill supplemental to an act entitled "Revenue," with certain amendments made in that body. To which amendments the House agreed. On motion, The House adjourned until to-morrow 10 o'clock. THURSDAY, February 12, 1862. On motion, The House took a recess to -3 ©''clock. THURSDAY—Afternoon Session, Fee. 12, 1863. Mr. MeiKay presented the following resolution:: Resolved, That the thanks of this House be presented to the Hon. Rich'd S. Donnell, the Speaker thereof, for the able, dignified and impartial manner with which he has presided over its deliberations during the .present session. "Which was unanimously passed. Mr. Grissom presented the following resolution-: Resolved, That the thanks of this House are due, and are hereby tendered to Wm. E. Mann, of Pasquotank, for the satisfactory and impartial manner in which he discharged the 288 HOUSE JOURNAL. [Session duties of Speaker, pro tem., daring the illness of Hon. R. S. Don n ell. Which was passed. Received from the Senate a message stating the readiness of thai body to adjourn sine die. A message was sent to the Senate stating that the House of Commons had finished all the business before it, and would now adjourn. The Speaker then declared that the House of Commons did now stand adjourned sine die. INDEX. as a e w ta j5 TITLE OF BILL OR RESOLUTION. Introduced. Reported.1 bo o W h a q 3d Reading. Further action, j ■d p on a ■d p OR cd ►d p OR P ►d p OR a s» 05 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Resolution in favor of Wm. R. Lovell, Bill to exempt persons over 45 from Militia duty. Resolution directing the purchase of Ordi¬ nances of the Convention, Resolution in favor of J, W. Alspaugh, Bill concerning Extortion. Bill concerning Roads. Bill to provide for the purchase of provisions by the State, Bill concerning Sheriffs, Bill to continue in force the Ordinance of the Convention prohibiting the distillation of spirituous liquors from grain, Bill for enabling the Governor to cause pro¬ visions and articles of clothing to be seiz¬ ed for the public use, Bill to authorize the Governor to employ slave labor on State defences. Bill to incorporate the Macon Leather Corn- Bill to abolish the office of State Geologist, Bill in relation to the currency between debt¬ or and creditor, Bill in relation to Justices of Johnston Gounty. 11 11 10 11 14 14 -14 14 15 17 17 17 17 18 32 83 48 22 31 83 43 22 124 48 31 11 32 10 11 261 58 22 23 29 22 123 44 22 261 55 195 200 261 31 11 10 11 261 30 54 145 24 47 ii INDEX. Number. TITLE OF BILL OR RESOLUTION. Introduced. Reported. 2d Reading. 3d Reading. Further Action. P as era P T) as era P as era P as era P S3 cn? P 16 17 18 19 20 21 22 23 24 25 26 27 28 28 Resolution in favor of Jno. Fisher, Bill to amend the charter of the Western Plank Road Company. Bill to authorise the Magistrates of Chatham County to levy tax for the purpose of working roads in said County, Bill to authorize the President and Direc¬ tors of the Literary Fund to elect a Trea¬ surer, Bill to authorise the agent of Cherokee Lands to refund the purchase money in t certain cases, " Bill to amend 9th Section of 53d Chap, of Revised Code, Bill in reference to the salaries of Judges of the Superior Courts of Law and Equity, Bill to establish the 8th Judicial Circuit, and : for other purposes, Resolution in favor of Joseph Welch, Resolution in favor of Benjamin Fitzran- dolph, Resolution to enable the Governor to em¬ ploy and impress slave labor for State de¬ fences, Resolution in favor of John Blaylock, Bill in relation to costs in suits at Law and Equity, Bill to raise 10,000 troops for the defence of i N. C., 18 21 21 21 20 20 20 21 21 23 22 23 23 23 31 49 75 32 32 31 48 32 31 31 32 74 31 59 32 32 32 32 31 31 32 88 94 91 44 261 26 27 47 *77 47 77 113 47 37 99 109 119 29 30 31 32 Ijlill for the relief of the sick and wounded j soldiers in the army, Bill to increase the Patrol of the State, Resolution to prohibit the transportation of articles of prime necessity beyond the lim its of the State, Resolutions of thanks to the officers and soldiers of N. C., 24 24 26 27 35 64 74 26 27 26 INDEX. iii TITLE OF BILL OR RESOLUTION. W w fD S3 S: 5" cr? s® cr? Bill for the relief of the wives and families of soldiers in the army, Bill in reference to taxes, and the liability of sheriffs, Bill in reference to workhouses, Bill to call free persons of color into the ser¬ vice of the State for the purpose of la¬ bor, [Resolution in favor of W. H. Bryson, Bill to abolish the office of Common School Superintendent, Resolution in favor of Philip G. Smith,. Resolution in favor of the counties West of Blue Ridge, Resolution in favor of Sheriffs, Bill in favor of Thos. J. Carr, Bill in favor of C. M, Green, Bill to amend 38th Section. 102d Chap, of Rev. Code, Bill to raise 10,000 volunteers for State de¬ fense. Bill to stimulate the production of provi sions, Bill to regulate the hands to work on the{ public roads. Bill to incorporate the Unakoa and Hiawasse] Turnpike Co., Bill defining extortion and encouraging hon-j orable speculation, Bill Concerning the Common School Fund, Bill to extend the titles to land heretofore! entered, Bill to extend the provisions of 8th Section 45th Chap, of Rev. Code, Bill to define and punish extortion, and for| other purposes, 27 27 27 27 27 28 33 33 33 33 34 35 36 36 36 36 36 36 38 38 35 124 104 35 48 49 60 14 35 35 92 35 74 83 124 49 90 58 66 252 47 78 121 28 261 47 107 78 40 261 261 271 78 122 261 118 261 261 70 154 176 181 252 87 107 •28 107 153, 50 122 INDEX. 25 3 W o fcO &. CO a. a s B cr <■*- O o. •o o p. W CD & W CD re •-i cr CD yi TITLE OF BILL OR RESOLUTION. c o CD CD p. St S" Be 3' O. ere ere CD o" 3 V s? re ere CD 0? CD ere CD ere ore P 54 Bill to suppress extortion, 39 261 55 Resolutions declaring the separation between United States and Confederate States final and to sustain President Davis, and Gov. Yance in the conduct of the war. 43 43 43 56 Bill concerning Justices of the Peace, in Bladen, 43 43 43 57 Bill to repeal 1st, 2d and 3d Sections of 110th Chapter of Rev. Code, 43 53 261 58 Bill to repeal 9th Section of an act to incor¬ porate the Greenville and French Broad R. R. Co., 71 180 272 59 Bill in favor of Wyatt, 49 64 60 Bill lor the relief of the jailor of Edgecombe, 49 61 Bill to exempt from execution, in favor of householders, 50 acres of land, 49 75 62 Bill to provide for the probate of wills anc granting letters of administration, when counties of testators are in the hands of the enemy. 49 54 90 90 63 Bill to admit proof of hand writing of attest¬ ing witnesees in certain cases, Bill to encourage the production of cotton and woolen cards, 49 54 64 50 261 65 Resolution of instruction to our Representa¬ tives in Congress, 50 53 261 66 Bill to incorporate the Be&tavilla Female Se¬ minary, Bill to make capital punishments private, 50 82 82 67 50 81 121 68 Bill to modify an act entitled,an act to change the jurisdiction of the Courts, and alter the rules of pleading therein, 54 123 128 69 Bill to amend an act entitled, An act to en¬ large the powers of the County Courts to raise a Revenue, 54 116 118 70 Bill for the better regulation of slaves, 54 258 258 71 Bill to amend the Charter of City of Raleigh, 54 -80 '72 Bill to increase the pay of soldiers in the service of the State, 54 263 '73 Bill to regulate prices of articles of prime ne¬ cessity and of labor, 55 262 INDEX. TILLE OP BILL OR RESOLUTION. 74 75 76 77 78 79 80 81 82 83 84 85 86 87 89 90 Bill to establish a Superior Court for the Co. of Alleghany, Bill concerning Justices of the Peace, Bill to prevent traffic in. spirituous liquors near the General Military Hospital, Bill to repeal 3d, 4th and 5th Sections, 17th Chap, of Rev. Code, Bill to change the times of holding Courts of Law and Equity, in 6,th Circuit, Resolution concerning the mints, Bill to amend 8th Section of 37th Chapter of Rev, Code, Bill to amend 18th Section of 40th Chap. Rev. Code, Bill to alter the line between Jackson and Transylvania counties, v Bill to surrender States' interest in Deep Ri¬ ver Nav. Works, Bill for the relief of our sick and wounded soldiers. Resolutions concerning the Conscription Act, Bill to amend an act entitled, An act for the better administration of jnstiee in Ons low, Bill to amend 9th, and 12th Sections 101st Chap. Rev. Code, I Bill to amend the Charter of Atlantic, Tenn.' and Ohio Railroad Co., Bill to allow further time for the registration of grants, conveyances and other instru¬ ments, Bill to prohibit the distillation of spirituous liquors, 91 91 92 94 Bill to amend an act incorporating the Liz- zarddale Copper Mining Company, Bill to protect the Salt Works, Bill to punish horse stealing, Bill to create a patrol foppa ip each county | of the State, 59 90 75 58 262 262 257 58 257 56' 74 83 83 56, 74 262 56 59 262 56 90 128 138 56 64 107 107 56 131 56 86 56 262 57 59 78 107 57 64 58 57 j 58 58 6f 71 58 $ 5' I V 1 261 5 I 261 $ 3 12 2 262 82 85 INDEX. TITLE OF BILL OR RESOLUTION. W W. ►d 95 Bill to amend an act for the relief of the Banks and the people, Resolution in favor of M. L. Britton, Resolution requiring the Governor to appoint Commissioners to examine the agency of Cherokee Lands, Bill to provide additional pay to soldiers, Resolution in favor of salt, 100 |Bill to exempt officers and soldiers of N, C., from poll tax, 96 97 98 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Bill to incorporate the Shelby and Broad Ri¬ ver R. R. Company, Resolution to continue in force Ordinance of Convention to exempt soldiers from poll tax, Bill to incorporate Swift Island Gold Mining Company, Resolution in favor of Theo. H. Hill, Resolution in favor of Oscar J. Johnston, Resolution for removal of salt, Resolution in favor of soldier's families, Bill to perfect certain grants, Bill concerning the statute of limitations, Resolutions concerning arrests of citizens in Raleigh, by officers of Confederate army, Bill to be entitled an act to raise a Revenue for the State, Bill to change the time of holding the Courts in Mecklenburg Co., Bill for strengthening the law now in force, for protection of personal liberty, Bill to incorporate Richmond Manufactur¬ ing Company, Bill to amend the law in relation to Sheriffs' Bonds, Resolutions expressing gratification as to conduct of our soldiers and citizens, Bill to provide a supply of powder to differ ent counties of the State, 60 60 60 65 65 65 69 70 70 75 75 75 75 76 144 81 81 81 82 82 82 92. 90 131 70 73 92 104 90 106 83 125 107 154 262 262 73 133 125 107 154 262 262 130 232 262 82 107 106 258 107 78 152 166 170 263 82 82 82 82 107 106 258 107 213 220 227 250 252 82 82 82 INDEX. vii TITLE OF BILL OR RESOLUTION, >0 Bill to amend an Ordinance of the Conven vention, making provision for wives and families of deceased soldiers, Bill to amend 33d and 38th Seetions, 102d Chap, of Rev. Code, Resolution in relation to secret proceedings of the two Houses, Bill in relation to the Common Schools. Resolution in favor of W. W., Long, Bill to repeal 1st Section of Ordinance of Convention, concerning voting of sold¬ iers, Bill for the relief of the families of deceased soldiers, and to provide a roll of honor, Resolutions concerning a roll of honor, Bill to amend Charter of Chatham Railroad Company, Resolutions by Mr. Foy, Bill to provide for the better management of the Western Turnpike, Bill to amend the amended Charter of Che- raw and Coalfields Railroad, Resolution in favor of Lewis Williamson. Bill to provide for the State defence, Bill to incorporate Daniel's Creek Church in Lincoln county, Resolutions protesting against the burning of cotton, Resolution in favor of J. G. Carraway, Resolution in favor of Jas; S. Ives. Resolutions, Bill to incorporate the Western N. Carolina Copper Gold Mining and Copperas Com pany, Bill to provide for holding courts in Hertford county. Resolution in favor of 0. M. & T. E. Skin¬ ner, Resolutions to print Governor's Inaugural Address, 82 82 82 81 83 83 83 83 83 83 84 84 84 87 87 83 90 90 124 92 190 92 105 92 92 93 92 92 92 116 104 82 82 82 107 263 83 171 192 107 116 149 263 257 263 164 263 107 INDEX. TITLE OF BILL OR RESOLUTION. W a. W a> p 5' op T3 £ OP? Resolution in favor of Solomon Pool, Resolutions declaring offices of AdjutantGea- eral, Attorney General, and Solicitor for 4th Circuit, vacant,. Resolution in favor of S. S. Hicks, Resolutions concerning the Salisbury pri¬ soners, Bill concerning public police, Bill concerning sales of land, Bill for the relief of sheriffs, Bill by Mr. Costner, Bill concerning county site of Mitchell Co., Bill to prevent and punish extortion, Bill to limit the production of cotton and tobacco, Resolutions in favor of County Court Clerk of Harnett, Resolution in favor of C- P. Bryson, Resolution in favor-of Motley & Bowers, Resolution in favor of Caldwell county, Resolution in favor of R. C. Hargrave, J. S. Small, and R. J. McBride, Bill to re-establish civil suits in the county of Henderson, Bill for the relief of Wm. E. Mann, Resolution to pay expenses of Commisohers to Richmond, Resolution concerning substitution of free negro for slave labor on fortifications, Bill to incorporate the Silver Lead Mining Company, Bill to incorporate the Randolph Manufactur¬ ing Company, Bill for an extra term of Superior Court, in Duplin. Bill to authorise sheriff of Watauga, to col¬ lect arrears of taxes, Bill for the relief of the sureties of W. W. Proffitt, Bill to incorporate the N. 0. Presbyterian Printing Association, Bill to amend Charter of Bank of Lexington, 92 93 93 92 93 98 98 98 98 98 98 97 97 97 104 105 105 105 105 105 106 106 106 106 107 120 107 168 168 116 124 104 117 117 105 108 116 116 116 116 116 122 175 263 125 281 104 149 269 269 269 138 105 148 15£ 282 231 107 index. ix TITLE OF BILL OR RESOLUTION. w w & w CD P Qj 5' 09 *3 C 13 p 09 13 13 !Y 13 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 Bill to incorporate the Newton, Dallas and King's Mt. R. R. Co., Bill to amend Militia Bill, ratified Sept. 20, 1861, Bill for the benefit of Justices, refugees from their counties, Bill to amend Charter of Bank of Western n. c., Bill to change the place of comparing the polls in the 44th Senatorial District, Bill to establish the Bank of Lincolnton, Bill to provide ways and means for supply ing the wants of the Treasury, Bill to incorporate the town of Marion, Resolutions guaranteeing North Carolina's portion of the Confederate debt, Resolution in favor of Jno. 0. Wallace, Bill to transfer State's interest in the Deep River Navigation Works to individuals, Bill to enable incorporated towns to lay ad¬ ditional taxes, Bill authorizing public Treasurer to repay bounty in certain cases, Resolution in favor of Rufus Galloway and sureties, Bill in favor of sureties of Jno S. Willis, Bill concerning sheriffs and their sureties, Resolution in favor of R. V."Blackstock, Resolution in favor of J. R. Davis, Resolution in favor of R. V. Blackstock. Resolution in favor of E. M. Wellborn, Resolution in favor of Capt. W. B. Clement's company, Resolution in favor of W.. W. Happer, Resolution in favor of L. j. Haughton and J. C. Hooker, Resolution to pay officers and privates of Capt. W. F. Banks' company, Resolution in favor of sureties of W. D Humphreys, Resolution in favor of Jas. M. Neal, Bill for the relief of landlords, 106 106 106 106 106 106 107 106 107 108 108 108 109 117 117 117 117 117 117 117 117 118 198 118 118 118 118 192 190 116 124 123 124 176 124 124 124 124 226 124 128 154 269 252 270 129 271 124 221 231 231 231 258 271 212 227 154 227 165 128 154 252 129 1124 227 231 231 231 258 271 212 272 154 227 165 X INDEX. TITLE OF BILL OR RESOLUTION. P3 Bill to amend charter of the N. 0. Powder Manufacturing Company, Bill to prevent harboring deserters, and re sisting their arrest, Bill to amend 102d Ghapter of Rev. Code, Bill concerning County Court of Frank¬ lin, Bill concerning insane Bill for the relief of W. W. Allen, Resolution in favor of Jno. Martin, Resolution in favor of W, W. Grier, Resolution for exchange of salt, Bill to amend 8th Section, 83d Chap, of Rev. Code, Resolution in favor of A. B. Down, Resolution in favor of Eli Stevens, Bill to prevent slaves from making spiritu ous liquors. Resolution in favor of Drury King. Bill to re-organize thfe militia. Bill to authorise incorporated towns to lay an ad valorem, tax on slaves, Resolution to continue the Board of Claims, Bill concerning unlawful entry and de¬ tainer, Bill to amend thelst, 12th and 23d Sections of 17th Chap, of Rev. Code, Bill for the relief of persons who may suffer from burning of the 0. H. and records of Hertford county, Resolutions concerning seizure of iron from W. C. and Rutherford R. R„ Resolution in favor of W. A. Meroney, Bill to create office of Auditor. Bill concerning bounty to soldiers not citi¬ zens, Bill in relation to a supply of Salt to the State, 118 118 118 118 118 124 124 125 125 125 126 132 132 133 137 138 134 133 138 141 143 148 177 177 226 199 168 148 141 254 254 272 200 248 271 271 257 257 125 125 226 226 231 231 272 231 231 272 272 164 272 272 145 143 149 151 138 141 148 INDEX. xi TITLE OF BILL OR RESOLUTION. to to ►d Resolutions relative to the seizure of R. J. Graves, Resolution in favor of G. W. Crumpler, Resolution in favor of Engrossing Clerks, Resolution in favor of the Doorkeepers, Bill continuing in force 1st Section of an Ordinance concerning collection of taxes in certain counties, Resolution in favor of Principal Clerks of the House and Senate, Bill for the support of the Lunatic Asylum, Bill concerning Deaf and Dumb Asylum, Resolution relative to Contingent Fund of Board of Claims, Resolution assigning room to the Auditor, Bill to change the term of office of Adjutant General, Bill to authorize Q. M. of the State, to pay commutation money for boots and shoes, Bilfrelating to vacancies occurring in the office of Adjutant General, Bill for the benefit of persons who have em tered vacant lands, Bill to stop interest on debts when Confeder ate notes are tendered and refused, Bill to amend an act passed this session of General Assembly, concerning money due deceased soldiers, Bill to legalize a court held in Lincoln Co., Bill concerning emancipation of slaves, by will, Bill authorizing the Governor to employ a messenger, Resolution to provide a room for the En grossing clerks, Resolution in favor of G. B. Threadgill, Bill to amend the act to provide ways and means for supplying the Treasury, Bill to amend an act to change the jurisdic¬ tion of the Courts and the rules of plead¬ ing therein, 144 144 148 154 150 150 152 152 152 154 154 155 155 161 161 162 162 162 162 163 163 163 168 194 149 155 150 275 152 154 154 275 254 275 176 275 161 275 195 zii INDEX. TITLE OF BILL OR RESOLUTION. W ►d Resolution in favor of Chas. Byrd, Bill in favor of M. "Walker, Resolution in favor of Daniel Tucker. Resolutions in relation to the liberty of the press, Bill to change term of county courts of Stokes county, Resolution in favor of Wm. F. Shaw, Resolution concerning bounty, Resolution in favor of Wm. J. Murray, Resolution in favor of Wm. Green, Bill by which free persons of color may en slave themselves. Bill to change time of meeting of Legislature, Bill to change time of meeting of the Legis¬ lature, Bill concerning Justices of the Peace in Alex¬ ander, Bill in favor of A. A. Wiseman, Bill in favor of H. Hunter, Bill in favor of 0. Austin, Bill to change the Probate court of Ruther¬ ford. Bill to incorporate the Orphan's Education al Board, Bill to legalize proceedings of a court in Hen derson. Bill to incorporate town of Chesnut Hill, in Rowan, Resolution concerning cotton cards, Bill to change time of holding County Courts in Ashe, Resolution to correct errors in tax rolls of Burke. Resolution in favor of John A, Long, Bill in favor of Percy Ann Morton, Bill in favor of Isaac A. Reel, Bill concerning fees of Clerks and Sheriffs, Bill to authorise guardians and others to in¬ vest in Confederate Bonds, ' 270 Bill to authorise the Governor to issue com- 164 164 165 165 168 168 169 169 169 169 169 169 169 169 169 169 169 169 169 170 170 173 173 173 173 173 173 hd 177 177 180 192 176 199 id 195 180 257 281 277 270 275 257 257 170 276 254 170 276 277 index. ziii TITLE OF BILL OR RESOLUTION- *0 *■0 CR 234 259 260 212 missions to hold courts of. Oyerand Ter miner. 173 Bill to provide for the establishment of Iron Works, 173 Bill for the relief of persons who have over¬ paid, or may hereafter overpay, taxes, 175 Bill to authorise 0. A. Boon and J. A. Lusk to collect arrears of taxes, 175 Bill to authorise Auditor to administer oaths, 175 Resolution concerning salt, 176 Bill to incorporate town of Marshall, 177 Resolution in favor of Jos.[,D. Hayes, 177 276 Bill concerning Notaries Public, 177 105 276 BilL concerning administration on soldiers' estate, 177 255 Bill to amend charter of town of Wilming¬ ton, 177 177 Bill to incorporate the town of Dallas, 179 226 Bill to enforce and make more effectual an act regulating pay of bounty, 179 257 Resolution authorizing the Governor to make contracts for manufacture of salt, 179 191 Bill t6 repeal an act relative to county site of Mitchell county, 177 270 276 285 Bill to in orporate Springfield Literary So¬ ciety, 177 286 Bill authorizing the Governor to promote de¬ serving soldiers, 180 238 289 Bill for the relief of the citizens of Alle¬ ghany, 180 195 288 Bill in favor of Isaac Arledge, 180 289 Resolution in favor of Mary O. Gully, 191 290 Resolution in favor of Executor of Judge • Dick, 191 257 291 Resolution in favor oi L. L. Clements, 191 257 292 Bill to amend 18th Section, 28th Chap, of Rev. Code,- 191 276 293 Bill concerning State Educational Associ¬ ation of N. C., 191 231 294 Bill to amend charter of town of Pittsboro', 191 257 234 260 212 262 177 226 233 195 195 257 257 231 257 INDEX- TITLE OF BILL OR RESOLUTION. W . 6, 63 Of Principal Ulerk . 7 Asaistarit Clerk,..... 7 State Printer^ v 12 One Engrossing Clark, » 18 Comptroller, 24 Solicitor of 8th Circuit, 25 Solicitor of 1st Circuit, 26 Secretary of State, 34 Solicitor of 5th Circuit, 37, 38, 41, 42 Judge of 4th Circuit, 40 Solicitor of 2d Circuit, . 45 C. Senator, 47 Twh Engrossing Clerks , 51 Council of State, 62 Treasurer of State '. £6 Solicitor of 5th Circuit, 68 Solicitor of 7th Circuit, 102 Judge of 7th Circuit,.... 103 Solicitor of 4th Circuit, 126 Attorney General, 128. 130 Trustees of the University, 212, 227, 235 Calf of the House, 146. 273 Hotse Standing Committees, 17