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. V . ' SENATE. -- -.." : T 1
Monday, December 2, 1850. .;
The Senate met according to adjournment.
Messrs. Lillington and Spaight were announced aa
the Senate's branch of the committee on enrolled bills
for the present week. '
Mr. Caldwell of Mecklenburg presented a memo
rial from sundry citizens of Mecklenburg, praying for
the increase of the tax on retailers of spiritous liquors.
' Referred, on his motion, to Finance committee. -'Also,
a memorial relating to the; public execution of crimi
nals. Referred, on his motion, to .the Judiciary com
mittee. Also, Jthe resignation of Daniel Walsh, a
Justice of the Peace for Mecklenburg County. Read
- and accented.
Mr. Cameron introduced a bill to incorporate Inde
pendent Division No. 3, Sons of Temperance. Head
and referred to committee on Corporations.
.- The Senate informed the House that they had passed
the following engrossed bills and resolutions : A bill
to incorporate the rayetteviiie Bridge company a
bill to incorporate , the Fayetteville and ' Southern
Plank Road Company and a resolution in favor of
F.J. Prentiss and others.
Mr. Wood fin presented a memorial from sundry
citizen of Buncombe, relating to the destruction- of
stock. Referred, on his motion, to the Judiciary con.-
mittee. Also, a bill to amend and alter an act passed
in 1848 '49, entitled an act to lay off and establish a
County by the name of Watauga. Laid on the table.
Mr. Caldwell of Burke, presented a memorial from
-sundry citizens of Watauga County, remonstrating
against any attempt to attach any part of said County
to Burke and Yancy. Laid on the table.
Received a message from the Commons informing
that their branch of the committee on the Deaf and
Dumb Institute consists of the following gentlemen :
Messrs. Avery, Williams, Hill, Montgomery, Jer
kins, and Maultsby. The Speaker announced Messrs.
Washington, Cameron and Watson as the Senate's
branch of this committee.
i Mr. Thomas, from the committee on Internal Im-
- nrovaments. reported the bill and accompanying me-
mortal concerning the Wilmington and Manchester
Rail Road, with sundry amendments, and recommen
ded the nassaze of said bill, Said bill was ordered
to be printed. Mr. Thomas also introduced a bill to
incorporate the Tennessee River Rail Road Compa
ny, which was Teao tne nrst ume, ana on nis motion
ordered to be printed.
Mr. Washington introduced a bill to amend the
7th section of the 5th chapter of the Revised Statutes
in relation to apprentices. Read first lime and reier
red to Judiciarv committee.
Mr. Wood fin a bill to change the mode of dividing
the proceeds ot the Literary t und among the several
Connties of the State.
Mr. Shepard moved that said bill be referred to the
Committee on Education and the Literary Fund,
which, after some debate, was decided in the affirma
tive yeas 34, nays 13, as follows:
Ykas. Messrs. Arendell, Barnard, Barrow, Berry,
Bond. Bunting, Caldwell of M., Cameron, Canaday.
Clarke, Collins, Eborn. Grist, Herring, Hester, Hoke,
Jones, Joyner, McMillan, Malloy, JNixon, fender,
Richardson, Rogers, Sessoms, SheparJ, Sherrod,
Speight, Thompson, Washington, Watson, Willey,
Williams, and Wooten 34.
Nats. Messrs. Barringer, Bower, Bynum, Cald
well of B., Courts, Davidson, Gilmer, Hargrave,
Kelly, Lane, Lillington, Thomas, and Woodfin 13.
This is the first time the yeas and nays have been
called in the Senate at the present session.
On motion of Mr. Woodfin, his bill calling a Con
vention was taken up and made the order of the day
for Wednesday next.
On motion of Mr. Bynum, the Clerk was directed
-lo have printed for the ose of the Senate the names
of the members of the standing and select committies
of the Senate and of the Joint committees of the two
On motion of Mr. Thomas, the Senate adjourned
till to-morrow morning 11 o'clock
HOUSE OF COMMONS.
The Speaker announced the following committee :
House Branch of the Committee on the Deaf and Dumb
Institution. Messrs. Avery, Montgomery, Hill of
New Hanover, Jerkins, and Maultsby.
Petitions and Memorials.
Mr. Waugh presented a memorial from certain cit
izens of Forty the county, prayings repeal of the law
of 18489 concerning a road from Stone's old place
in Foreythe to the Virginia line in Ashe county, so far
as Foreythe county is concerned, and' moved its ref
erence to the commmittee on Internal Improvements.
Mr. McLean thought it ought to go to the commit
tee on Propositions and Grievances, and made that
motion. He said it was a grievance of which the
people of Foreythe complained, and it did not proper
ly go to the committee on Internal Improvements.
Mr. McMillan urged its reference to the committee
on Internal Improvements. Mr. McLean said a por
tion of the work was already completed, but not a
alvnt-A f tfr rtflr Iittfl hoAfi ilnna In PArattthA ft aj... ....
nunu v, " ui linn wa wwirc au A uiajlllCf vcvaUK
the people there were opposed to it. He was oppos
ed to the repeal of the act desired by the petitioners,
as it would render the road useless ; and insisted that
the memorial ought to go to the committee on Propo
sitions and Grievances. Mr. Leach of Davidson, said it
was a work of State Improvement, and it ought to go
to the committee on Internal Improvements. After
some other debate, the memorial was referred to that
Mr. Hayes of Cherokee, presented a memorial from
S. P.Tipton, asking for the payment to him of $113.
being expenses paid by him for the borial of Volun
teer soldiers of the North Carolina Regiment at Sal
tillo, Mexico; referred to committee on Claims.
Mr. Williams of Mecklenburg, a memorial from the
officers of the 69th Regiment, N. C. Militia, praying
certain amendments to the Militia law; referred to the
committee on Military Affaire.
- Mt. Sheek presented the resignation of A. Mathews,
one of the Justices of the Peace of Surry county ;
Mr. Kuffin, a memorial praying for the incorpora
tion of the town of Madison ; referred to the commit
tee on Private Bills.
Mr. Fleming, a memorial from sundry citizens of
x aneey county x praying tne restoration of Stephen
McMahon to the privileges of a free citizen, which he
enjoyed previous to his conviction forfelonvin 1844:
referred to the committee on Propositions and Griev-
Bills and Resolutions.
Mr. Kail urn presented bill to prevent more effect
ually the corruption ot the slave population; referred
to the committee on the Judiciary. Bill provides
for the punishment of -white men and free negroes
. i i :.L l i o
playing carus wiw siaves.j
Mr. Kelly introduced the following resolution :
n i i TL . . . I
juwnrcui ua me cuinnuuw oa r i nance oe re
. quested to inquire into the expediency of increasing
. the tax upon all pedlars, and it not at variance with
the Constitution, to require all persons who are not
' native-born citizens of North Carolina to pay more
than those who are.
Mr. Person of Northampton, a bill to incorporate
the Garysborg and Oconeechee Plank Road Compa
ny; referred to the committee on Internal Improve
Mr. Dargah presented the following preamble and
resolutions, which were referred to the committee on
Whereas, the State of North Carolina, during the
agitation ot Uie slavery question, in the last Congress
of the United States, calmly awaited the action of
the Federal Government, hoping that the comprom
ise Acts would settle this dangerous question satis
factorily, ootn to the Northern and southern States,
but finding mat the fugitive slave act has met with
open hostility and resistance on the part of the
North ; Be it therefore
1. Jietolved, That if the fugitive slave act is not
enforced in' good faith, we consider it a violation of
the federal compact, and will consider ourselves ab
solved from further allegiance to the Union.
8. Revived, That we hold allegiance and protec-
uuu w us i;ci.iumi uuuc, ana mat wnenever a gov
ernment becomes either so corrupt or inefficient as
not to protect tbe property or liberty of the citizen,
that the Government itself is di8nlH
3. i?eoW, That if the fugitive slave aet is re.
pealed at this or any subsequent session of Congress,
the Stateof North Carolina trill iasaaaOa. u:
f v? ! i um Mm lllion.
, Mr. tJareo, a bill to regulate the fishing with seines
Jn the North River in the counties of Camden and
M110 1 Mfe"ed to committee on Private Bills.
eetS1 MI'to mDt from mI bJ "ecotion
22MCmyti rt e Printed. This is
en h&i. jU P"kM f which will be glv
' -Mr. Leach: r r -. . ,
resolution. wKUi. J . introduced the followi
negro slaver, : reMmKl
to the committee
Resolved, That should Congress repeal the Fugt-
uve siave Bin, passeo at its . last session, or essent
ially modify it, and should any non-slaveholding Statev
by Legislative enactment or otherwise, render its pro
visions inoperative, mat it shall be the duty of the
Governor to convene the Legislature to take such
steps in the premises, as in their wisdom may be"
deemed best for the defence of North Carolina, tbe
security of her property, and tbe maintenance of ber
rights as a sovereign State.
The Speaker laid before the House the report of
the President and Directors of the Institution for the
Deaf and Dumb; referred to the joint select commit
tee on that institution. -.
A message was received- from the Senate announc
ing the Senate Branch of the committee on enrolled
bills. The Speaker announced the House branch of
same committee to consist of. Messrs.; Ruffin, Cher
ry, Waugh, and Scott. -j. -.
Mr. Flemming, a bill to submit to the people at the
next Augnst election the question of " Convention "
or " no Convention" lo amend, the Constitution, which
was read tits first time.;
Mr. McLean moved the reference of the bill to the
committee on amendments to the Constitution.
Mr. Flemming did not wish this bill to go to that
committee. He might be willing to have it sent to a
select committee raised for that purpose, but he pre
ferred to have it considered without the intervention
of a committee.
Mr. Stevenson only desired that all these matters
should be referred to the committee. He was a mem
ber of it, and it was best that they should have every
thing connected with this subject of amending the
Constitution before them, and then they could report
what amendments, in their opinion, ought to be adopt
ed. The report of a committee was only an expres
sion of opinion, and the House could adopt it or not,
as it saw proper. He hoped that every amendment
proposed would be referred to the committee.
Mr. Flemming was utterly opposed to its reference
to the committee. The bill he had introduced mere
ly proposed to submit an isolated question to the peo
ple. He did not consider this question as coming
properly under the jurisdiction of the committee. It
was appointed to consider amendments only. The
bill proposed no amendments, but only to leave it to
the people whether iornot they will call a Convention.
Mr. McLean could not conceive why all matters
relating to amending the Constitution should not be
sent to this committee. He thought every proposi
tion of this kind should be sent to it. There seemed
to be a suspicion resting on the committee -a fear
that the bill would not receive due consideration. He
thought it entirely unfounded. .
Mr. Avery understood the committee to have been
raised to consider this whole question, and to consid
er in what way the Constitution should be amended.
He thought it proper and parliamentary to reter all
these matters to it. He did not fear the action of the
committee, and it was nothing more than common
courtesy to send everything on this subject to it. It
was extraordinary that this bill should lie on the table,
while every other amendment was referred to the
committee. He should vote for the reference of this
bill to that committee, and to send everything con
nected with the question in the same direction.
Mr. Foster of Davi lson, said he was a member of
the committee, and he wished the House to consider
that it was composed of very old and reverend gen
tlemen. He thought it was in bad taste for the com
mittee to insist upon the reference of this bill to
them, when the mover of it did not desire such a
disposition to to be made of it, and should vote against
the reference. He wanted nothing to do with a bill
which the introducer was unwilling to trust to the
. - a . . I I I
committee. If it is referred, the committee win matte
such a report upon it as they think it their duty to
do. He wanted no man's bill to be sent to that com
mittee against bis own wishes.
Mr. Ruffin should vote for the reference as a matter
of duty to the House. He considered this bill ger
main to the subject under the consideration of the
committee, and therefore it ought to be submitted to
their consideration. The insinuations thrown out
against the committee from various parts of this Hall,
he was not disposed to submit to quietly. It seemed
as if the action of the committee was looked to with
suspicion. He could see no good reason for it. It
was his duly as a member of that body to vote for the
Mr. Flemming said, however unusual bis course
might appear, it was not more so than for a commit
tee to claim the consideration of his bill. It was ad
mitted that it was composed of young and inexperi
enced men, and that was a good reason why it should
not be referred to them. He insisted that the com
mittee had no power to consider the subject ; its ac
tion was confined to the consideration of amendments.
He was unwilling to submit to the action of the com
mittee, t heir decision would be dictating to the
people of North Carolina, and he held that a commit
tee of this House had no right to dictate to thepeeple.
Mr. McLean wanted to know where the gentleman
from Yancey got his information from, with respect
to the action of the committee. No teport had yet
been made, and no one could know what opinion
they entertained. He asked that this committee
should be treated with the same consideration as other
committees of this House. He could not conceive
why reflections should be cast npon this committee ;
there was not the slightest reason for it. If this bill
was not referred to them, he should ask the House
to discharge the committee from any further consid
eration of the matter which they were instructed to
Mr. Jones expressed his entire confidence in the
committee; it was precisely the kind of a committee
to which this question ought to have been referred.
They were not committed either way, and were free
to form correct and unprejudiced opinions. They
were the very gentlemen of all others that should
have been selected for this purpose, and this bill,
and every matter connected with the subject, should
be referred to them for consideration. At the be
gining of the session, it was usual to stake out the
business of the session. One subject was given to
one committee for consideration, and another subject
to another committee. If this rule is departed from
now, it will produce confusion, and interrupt the reg
ular order of business. When the committee make
a report, the whole subject will come up again.
Let them make a report, and then the House can
take op this subject if it chooses.
Mr. Blow said he was a member of tbe committee,
and should vote against the motion to refer. If the
gentleman from Yancey was unwillingtotrust the com
mittee with tbe bill, be wanted nothing to do with it.
Mr. Erwin said be should vote against tbe refer
ence, and' desired to give his reasons for so doing.
He had some fears with regard to the action of the
committee ; they did not exactly agree with him in
his views. He did not wish to have the action of
the Committee against jthe bill, but desired a direct
vote on it from this House. Ho thought the com
mittee were a little tinctured with old honkerism
and feared they would not propose the amendments
he wished to see carried out.
Mr. Stevenson remarked that tbe friends of this
bill were afraid for the committee on amendments to
the Constitution to get hold it, yet they professed to
be willing to allow it to go to a select committee.
They seemed quite anxious to send it to a committee
which would be sure to make a favorable report up
on it. Although this committee had been character
terized as young and inexperienced, the gentleman
on the other side seemed afraid that their report,
which it was assumed would be an unfavorabe one,
would carry so much weight with the House as to
eause the bill to be snowed under. Their object
seemed to be to get the bill referred to a select com
mittee, and then secure the appointment of such a
committee as would make a favorable report upon it.
Mr. Hill, of Caswell, would vote for the reference.
The bill ought to be sent to that committee together
with everything relating to the subject. He under
stood those gentlemen who opposed the reference to
fearthatthe bill would be snowed under by theaction
of the committee. He had no fears about it; he be
lieved tbe committee would consider it fairly, and. do
full justice to it.
Mr. Caldwell of Guilford, was opposed to its ref
erence, because be believed it his solemn duty to his
eonstiuents and to the freemen of North Carolina to
do so. , The committee, he believed, favored certain
interests which were not the interests of his constit
uents. He was opposed to the reference for three
reasons. First, because a majority of the committee
were in faror of retaining the present basis : second. :
he feared the committee would , make this a party -
question and third, that the committee would delay .
tbeir report to so late ' a day the Legislature would
have no time to act npon it. He should rote against
the reference, not out of any disrespect to the young :
gentlemen on the Committee, but in the discharge of -
uy ne owed to nis .constituents. The House
might as well proceed at once to consider this bill
the mind of every man was doubtless made np He
was not in favor of sending bills to a committee. Mr.
Caldwell went on, to say that it was time for the
friends of the white basis to move; he was not one
who would ahbmit. "He Was going ori to speak of
the distribution of tbe school fund, when the Speak
er interrupted him for alluding to a subject irrelevant
to tbe matter under consideration. '
Mr. Leach of Davidson, wished tp state one rea
son why he should vote against the reference of this
bill, and 'be should vote . out of no " disrespect
whatever to., the committee.. He did not jiew this
subject as a party question, but rather as a sectional
one, and did not fear any party manoeuvre to strangle
it. But be should vote against the reference because
the committee had already partly settled upon their
report, and he did not wish to impede tbeir. action
with new matter. . ': . ." T, '. ; - J-
Mr. Rayner should vote against the reference, not
out of any dsrespeet to the committee, but because
bethought there was no necessity for the action of a
committee on it. Committees were appointed to ar
range and digest business, but on this question the
public mind was already made up. 'He was bound
to vote against the reference, for two years ago, the
..ttiiotff was cant tn a Mminlttpp. And there delayed
on lontr that no time was allowed for the action of
the two Houses. If he was a member of the com
mittee, he should thank the House for relieving him
ofthis business. The committee entertained vari
ous sentiments on this question, and so did the mem
bers of the House. There was ho possible way to
harmonize public sentiment. He preferred to man
age his own business, and in the case of bis own
bill, did not desire the action of a committee upon it.
He repeated again, he intended no disrespect to that
Mr. Avery remarked that some of the reasons ad
duced by the gentleman from Hertford, (Mr. Rayner)
against reference, were good reasons for it. If every
gentleman is to have his own bill here, and promul
gate his own views, the business of the Legislature
would never terminate. The same rule applied to
this as to every other committee, and everything re
lating to the subject with the consideration of which
they "were charged, should be sent to them. He pve
notice now that when this bill was disposed of, he
okn.iM all tin. aa Ha had intended to do, the bill Of
the gentleman from Hertford, and also, the bill of
the gentleman from Haywood, in order to have them
referred to this committee. All ot these bills were
proper subjects for their consideration. When they
made their report, the subject would come up again.
It was an unusual and unparliamentry course to have
a committee, and then refuse to send the business to
it properly falling under its consideration. It was
both proper and customary to dispose of business in
this way, and it was calculated to expedite the trans
action of business. -
Mr. Rayner said his experience was different from
that of the gentleman from Burke, Mr. Avery. He
thought it the proper way to make all these bills the
special order for a certain day. All of them could be
taken up on one day and disposed of. He had intended
to make such a motion. He had no idea that the report
of the committee woujd have any influence with the
House, and did not believe they could throw-any ad
ditional light upon the subject under consideration.
He wished to test the feeling and views of the House ;
he wanted to try tho nerves of gentlemen on tfcis
question, and to see what they would do. The House
could best dispose of this matter; it would be a her
culean task for the committee to consider every pro
position that any member of the House might choose
to refer to them" and the best way was for the House
to decide upon this question without the intervention
of the committee.
Mr. Cherry was opposed to any amendment to the
Constitution whatever; he went for the Constitution
just as it was; he was opposed out and out to all
amendments. . He was no tree suttrage or tree sou
man. He should vote against t'.w reference as he de
sired a direct vote of the House upon it.
Mr. Foster of Davidson, did not believe the com
mittee should have anything to do with this bill. He
considered it a courtesy due to the mover of a bill to
allow it to take such a direction as he wished. He
wasjn favor of laying the motion to commit on the table.
Mr. Brogden was deeply surprised at the language
of the gentleman from Guilford Mr. Caldwell. J
There was no use of having committees if everything
relating to the various subjects which they were
charged to consider, was not referred to them. This
committee had half a dozen different propositions al
ready betore them, and it was proper that they should
also have this. He concurred in opinion with the
gentleman from Hertford, Mr. Rayner. that the
committee was not a sectional one as viewed by the
gentleman from Guilford Mr. Caldwell. The com
mittee was composed of three western. and two eas
tern men. All matters relating to amending the Con
stitution should be referred to this committee, and he
trusted the House would sustain the motion to commit.
Mr. Caldwell of Guilford, intended no disrespect
to that committee, nor to censure the chair for their
appointment. But he saw that the committee was
so constituted that its action would not accord with
the views of his constituents, or of the freemen of
North Carolina. It wag true a majority of that com
mittee were western men, but they were in favor of
retaining the federal basis of representation, and there
fore he was opposed to referring to them a bill to
which he knew they were hostile. He repeated thai
he intended nothing disrespectful to the committee.
Mr. Rayner inquired of the gentleman from Sur
ry Mr. McLean whether the committee were not
already charged with the consideration of all these
Mr. McLean said that the committee had been in
structed to inquire into the expediency of submitting
tbe question of ' Convention " or no Convention "
to the people just as the bill proposed to do, and he
was surprised that time had not been given the com- i
mittee to report upon it. This bill seemed designed
to forestall the action of the committee ; he did not
understand why the committee should hare been
charged with this very subject by resolution, and then
a bill introduced without waiting for their action.
Mr. Rayner renewed his inquiry, whether the com
mittee bad not been charged with the whole subtect,
Mr. McLean went on to remark that it was strange
that before this committee reports, a bill should be
introduced to forestall its action. He could not con
ceive why it should be so ; there most be some rea
son not yet made known, why tbe friends of this bill
objected to its reference. The reason might be that
tbe committee would not make a report to suit them
He had not supposed that so much importance was
attached to the report of the committee. He only
asked that this committee should be treated with the
same respect as other committees, and that all matters
connected with this subject should be referred to them.
He was disposed to give every thing that was sent to
them a full consideration, and report such a bill as
be thought proper.
Mr. Fleming thought the committee assumed an
thority not delegated to them. The committee was
appointed to consider amendments to the Constitu
tioo ; this bill proposed no amendment, but merely
to submit the question to the people whether they
would have a Convention or not. It was entire
ly a different question. The advocates of the bill
ought not permit it to go to the committee. Bills
were freqnenliy strangled in committee, and he antic
ipated such action on this bill.
Mr. Blow said that the remarks of the gentleman
from Guilford had convinced him that he was wrong.
He said he knew that the committee were in favor
of tbe federal basis of representation, and be should
therefore vote tor the reference.
Mr. Ruffin said the committee had been appointed
to consider the whole subject; he considered this bill
germane to the other proposition already referred to
them,' and should be sent to them also. He was not
anxious that this bill should go to the committee, but
he did think it should be treated with the same cour
tesy extended to other committees. The introducer
of the bill had expressed himself willing to refer it
to a seieci oommiuee, out was un willin? that It should
be sent to a committee already charged with the sub
ject. ; There seemed Jo be a distrast of the commit
tee, and one gentleman had remarked that the object
of the reference was for the committee to snow the
bill under, and not to give it due and full considera
tion. He thought, however, the committee were dis
posed to do justice to every matter that mio-ht be re.
ferred to them. ' '
.Mr. Jones, in addition to what he had said before.
remarked that be concurred entirely in the opinion
that the whole matter should be referred to this com
mittee. In whatever light this refusal to refer might
be viewed, it amounted to notbin? less than a nlaia
disrespect to the committee, and amounted to a dis
charge of tbe committee from any fnrt her considera
tion of the subject. Disrespect was not intended for
it ted been disavowed, bat still it was nothing else.
1 this bill" of Mr! Fleming's Was adopted . by the
uu. there would b "no use of, a report from the
oommittee this report would come too late. He re
peated that a refusal to refer would be equivalent toa
discharge of the committee., . i
Mr. Rayner said therwa no species of parliamen
tary management or legerdemain, by which members
could evade a direct vote on this question ; there was
no way in which they could get off without showing
Iheir hands. Bills were often strangled in the com
mittee rooms, and if the object of the committee was
to strangle this bill; it was no discoutjesy to charge
it. He alluded to party warfare in Washington Guy
and remarked that the passage of a bill frequently
depended on the committee to which ll was referred.
He believed that a committee had a perfect right to
strangle a bill if they thought it best to do so. If he
had made any charge of disrespect, which he thought
he bad not, he disclaimed it. He could not under
stand how it was disrespectful to a committee tor the
House to refuse to send to them any bill. -1 his de
bate be considered altogether premature. He inqui
red if there was not some system of parliamentary
tactics at work lo make this question of amending the
Constitution a party question. A direct vote on these
bills could hot be evaded, even if they should be sent
to the committee. The three bills now before the
House were not likely to have the same dispatch in
committee as in the House. He was determined to
have an express vote on this subject. All he asked
waMhat 'he committee would let him manage bis
w n business in his ow n way to let bis bantnng aloneo.
Mr. Walton desired to define his position. He
opposed the reference of this bill, because he believ
ed there was some wire working here to enable gen
tlemen to dodge a direct vote. He was in favor of
an unlimited Convention. He said that the subject
of amending the Constitution had been much dis
cussed during the canvass last summer in his county.
He and his colleague Mr. Avery did not agree.
He was in favor of the white basis of representation,
while his colleague sustained the federal basis. He
wanted to see a direct vote on this question ; and
wanted to see how Democratic members from Whig
counties intended to vote. If a majority of the House
were in favor of this bill, he should be satisfied ; but
if this bill to call an unlimited Convention is voted
down, he should oppose any and every amendment
that might be offered.
Mr. Avery said he did not propose or intend at
this time to fight over again with his colleague (Mr.
Walton,) the battles of their campaign dnring the
past summer, or occupy the time of the House in
any personal controversy with him respecting tbeir
positions in that canvass. He should be ready to
vote opon all the propositions relating to the amend
ment of the Constitution, and was then prepared to
avow his opinions and declare his sentiments respect
ing the various amendments proposed. His opinions
were fully formed not only as to the specific amend
ments which ought, in his judgment to be made, but
also as to the mode and manner of making them. He
thought he was better prepared to vote now than the
gentleman from Hertford, (Mr. Rayner). The views
and opinions of that gentleman had not been disclo
sed by him to the House as respects a single one of
the various 'amendments to the Constitution which
had been suggested in the House, or discussed before
the people. Upon a motion of the gentleman from
Wake, (Gen. Saunders,) made a few days ago, to
refer certain propositions to this same committee, the
gentleman from Hertford addressed the House at
some length, and invited a general expression of
opinion commenting upon the propriety of a mutu
al interchange of sentiment between the members of
this 'House at that time upon the important changes
proposed to be made in the organic law of the State ;
but he finally took his seat, as he has done now, leav
ing the House in profound ignorance as to his views
touching any of these important questions.
Mr. A. further baid, he would inform his colleague
that he was prepared to march up and vote upon all
the questions presented. He desired to meet the
question of Equal Suffrage as a distinct and indepen
dent proposition, and he hoped to see other gentle
men who had been its advocates, meet that question
and vote upon it isolated and alone; and when that
issue was thus presented he was anxious to see whe
ther they covered themselves under convention bills
or propositions to refer the matter to the people. He
was willing to face all tbe other propositions in
tbe same way. Mr. A. sayl he should not vote for
the bill proposing a convention, nor should he vote
for the bill which makes provision for submitting the
question of Equal Suffrage to the popular vote, for
the people had already decided that matter by an over
whelming voice. The people of North Carolina
would be startled by the announcement that the pres
ent Legislature proposed to amend the Constitution
by a convention at an expense of forty thousand dol
lars, when nearly all the advocates of constitutional
reform in the State had told them during the late
canvass, that the amendments suggested could and
would be made an the-simple and economical mode
prescribed by the Constitution itself of a legislative
enanctmenU He believed trie people were aeciaeuiy
in favor of the latter mode of making the amendments
they desired, and they were not expecting any other
action by the Legislature.
Mr. A. further said he had avowed in his canvass
before his constituents, as alleged by his colleague,
Mr. W alton, that he should sustain the federal basis
ot reprerentation, and aitnougn ne was a western
man, and identified with that section of the State in
interest and feeling, he felt bound to sustain the fed'
eral feature in the Constitution, because it had its
origin in a compromise between the east and west;
and besides all this, that it would be hazardous
to agitate this question of the white and feder
al basis in North Carolina at this particular junc
ture of our National affairs. . He said that he repre
sented a high-toned and liberal constituency. Their
liberality was eminently exhibited in their disregard
ing mere dinerences ot opinion on party politics ot
the day, and conferring upon him the honor of repre
senting them in that Hall.
His constituents were disposed to adhere to the
compromises of our State Constitution as to the Fed-
eral basis,, and maintain it in good faith, provided
their eastern brethren acted justly toward them. There
was no excitement among them on that subject; but
if the east should use any preponderance they have
in the two Houses (by reason of this Federal feature.
in our representation.) in such way as to injure the
interests of the west, by unequal or partial legislation,
or by failing to make such appropriations aa would
place each portion of the State on an equality ; then,
his constituents might regard the compromises of our
Constitution as no longer binding upon them, and
might insist on a change of the basis of representation, I
or on any other change ot the organic law that would
give the west additional strength in either branch of
the Legislature. Mr. A. again argued, that all these
propositions relating to the mode and manner oft
amending the Constitution, should be referred to the
committee raised for the purpose of considering those ,
questions ; and that when the committee made their
Report, all the different propositions and measures
relating to constitutional reform, could be fairly and
fully debated and discussed at the same time.
The motion to refer was then adopted yeas 70,
nays 4a, as follows :
Yeas. Messrs. Avery, Barnes, of Edgecombe,
Blow, Bond, Boykin, Brazier, Bridges, Brogden,
Clanton, Cockerham, Cotton, Davidson, Dickinson,
Durham, Eaton, Eure, Flynt, Fonville, Harrison,
Herring, Hill of Caswell, Hill of New Hanover,
Jerkins, Johnston, Jones, Kallum, Kelly, Leach of
Johnston, Marshall, Martin, Mathis, McDowell, Mc
Lean, McClees, N. McNeill, VV. McNeill, Mizell, j
Montgomery, Newsom, Patterson, Pegrani, Person
of Moore, Person of Northampton, Pigott, ' Pope,
Powers, Rankin, Reinhardt, Rollins, Ruffin, Sanders
of Johnston, Sanderson, Sheerf, Shetrill, . Steele,
Stevenson, Stowe, Stubbs, Sutton, Swanner, Tay
lor. 1 nifrnpn. J nnrntnn. i n nn. u invh. ' wi h,ma
of Pitt, yVilliams, of Mecklenburg, Wilson, Win-
stead, Winston 70.
Nats. Messrs. Adams. Amis,. Barco. Boerle.
Caldwell of Rowan, Caldwell of Guilford, Campbell,
onerry, liargan, JJoulhit, Drake, Dunlap, JSrwin,
farmer, flemming, Foard, foster of Davidson. Fos
ter of Wilkes, Gordon. Hackney, Hays of Cherokee.
Hayes of Cleveland. Hill, of Brunswick. Jarvia.
Leach of Davidson, Locke, Love, Maultsby, Me-
tvov, memtuan, raritam, Kayner. Kussell. Scott.
Sharp, Sherrard, Shinpock. Siler. Simmons. Sloan.
l nornourgn, w aiton, Webb, W Iggint, W iley-45. 1
: Mr. Avery moved to take up from tbe table' Mr. I
Love's bill calling convention - to amend tha Con.
titotion, in order to move to refer it to tbe commit-
lee on amendments to the Constitution. The aves
uu owes wan caneo on ir.e motion o take np. -
j ...... .- ...
Mr. ftgott moved aa adjournment. At the reonMt
of. the Speaker, the motion was withdrawn.- and tha
opeaser iaia neiora the - House s message from, tbe
Governor,, transmitting tbe biennial report of the
r . aria . I
President and Directors pf the Literary Fond. .,
f7i Mr; Erwirr moved to adjourn.. Mr. Thigpen called
i for the ayes 'and noes. Tbe motion was withdrawn..
; Mr. Love renewed the motion. : Thd question was
"taken, and. the Speaker was u nable to decide by the
sound: The ' House divided; ' and there "were 56
ayes, and 65 noes; so the House adjourned. ;
.. y SENATE. '
- Tuesday, December 3, 1859.
The Senate met according to adjournment.
: 1 M r; Drake, the Senator from Nash, who had beed
confined by indisposition, appeared in his seat to-day.
Mr. Washington presented a memorial praying' for
an act emancipating Elias Counsel, a boy of color.
Referred to committee on Propositions and Greivan
v Mr. Washington,- from the Judiciary committee,
made reports accompanied by bills, which were read
the first time and passed. Said bills will be noticed
on their second reading. .. . ...,.
Mr. Cameron reported from the committee rn Cor
porations, the bill amending the act incorporating the
towri of Gatesville, and recommended its 'passage.
Laid on the table. . Mr. Cameron reported other bills,
which will be noticed'on their second reading.
A communication from Gov. Manly, - covering the
biennial report of the President anb Directors of the
Literary Fond, was received from the Commons, and
the proposition to print the same and refer it to the
committee on Finance, was agreed to.
A message from the Commons, 6tating that they
had passed the engrossed bill to incorporate the Green
ville and Raleigh Plank Road Company. Read and
referred to the committee on Corporations.
Mr. Woodfin, from the Judiciary committee, repoi
ted the bill to repeal an act abolishing Jury trials in
Rutheiford and Cleaveland, and recommended its pas
sage. Laid on the table. ,
Mr. Joyner introduced a bill authorizing the Sea
hoard and Roanoke Rail Road Company to issue
bonds. Read and referred to committee on Internal
On motion of Mr. Thomas, the bill to incorporate
the Tennessee River Rail Road Company was taken
up and referred to the commitee on Internal Improve
Mr. Hoke introduced a bill to establish the Rock
Spring Camp-ground, in the County of Lincoln, and
to incorporate the trustees of the same. Read and re
ferred to committee on Corporations.
Mr. Bynum presented the claim of the Executor of
Isaac Lollar against tbe State. Referred to commit
tee on Claims.
.Mr. Washington introduced the following Resolu
tion, which was referred to the committee on the Li
brary : ,
Resolved. That John H. Wheeler have permission
to borrow books from the State Library , to be used
in this City, opon giving his receipt to the Librarian
therefor ; and also make or cause to be made extracts
from such books or records as are in the Executive
Department, as may be useful to him.
The Senate proceeded to the consideration of the
Wilmington and Manchester Rail. Road bilt, which,
on motion of Mr. Nixon, was laid on tbe table.
Mr. Thomas from the committee on Internal Im
provements, reported the bill incorporating the Ash
ville and Greenville Plank Road Company, with son
dry amendments, and recommended its passage. Laid
on the table. -
On motion of Mr. Thomas, the Senate adjourned
till to-morrow morning 11 o'clock.
HOUSE OF COMMONS.
The Speaker announced the reception of a message
from the Senate transmitting tbe following engrossed
bills and resolutions : A bill to incorporate the fay
ettevillle and Southern Plank Road Company re
solution in favor of Francis J. Prentiss and others; a
bill to incorporate the Cape Fear Bridge Company
All of which were read the first time.
Petitions and Memorials.
Mr. Sharp presented the petition of Robert Rogers
and others, citizens of Buncombe county, praying
his restoration to the rights of a free citizen ; referred
to committee on Propositions and Grievances.
Mr. Leach, of Johnson, several memorials praying
the Legislature not to incorporate Divisions of sons
ot J emperance ; referred to the same committee.
Bills and Resolutions. .
Mr. Stowe presented a bill to incorporate Moun
tain Lodge, No. 19, I. O. O. F., Lincolnton; refer
red to committee on Private Bills.
Mr. Jones, 'a bill declaring that the offence of ex
citing slaves to insurrection shall not be bailable and
for other purposes ; referred to the committee on the
Mr. W. McNeill, a bill to incorporate the town of
Lomberton, in the county ot Robeson; referred to
committee, on Private Bills.
On motion of Mr. Bogle, the Judiciary committee
were instructed to enquire in the expediency of ex
tending me jurisdiction ot Justices or the feace on
promissary notes not to exceed one thousand dollars,
Mr. Steele, a bill to incorporate the Grand Divis
ion of the Sons of Temperance of North Carolina;
reterred to committee on Private Bills.
Mr. Caldwell of Guilford, presented a resolution
instructing the committee on education to enquire in
to the expediency of making several alterations in
the Common School law. Adopted.
Mr. Flynt, a bill to give the name of Crawford to
the county seat of Forsyth, and for other purposes ;
referred to the committee on Propositions and Grie
Mr. Avery, a bill to exempt volunteers and regular
soldiers in the late war with Mexico who were in ac
tive service, from militia duty ; referred to committee
-on Military Affairs.
Also a bill amending the militia law, so that per
sons are no longer exempted from bearing arms from
conscientious scruples ; referred to committee on Mili
. . Reports from Committees.
Mr. Jones, from- the committee on Private Bills,
reported in favor of the passage of the bill creating
a new county by the name of Yadkin, out of the
county of Sorry.
Mr. McLean remarked in substance as follows:
Mr. Speaker. I shall detain the House but a short
time in explanation of this bill. It proposes to divide
the county of Surry centrally or nearly so, making
the Yadkin River tbe dividing line, except that, that
portion ot tbe county called L,iltle Hurry lies on the
East of the Yadkin.
, At last May Termof the County Court of Surry a
majority of the magistrates were on the bench, and
made an order directing the Sheriff to cpen the polls
at each precinct, where the people might have an op
port unity to vote " division or " no division"; which
was accordingly done, and resulted in the following
vote: For division 1260 against division 960. The
subject of division was but little discussed by the
candidates on either side. Both political parties in
the Commons ran a full ticket, and every candidate
announced from the stump every day that they were
willing to abide that vote, and if elected would
-consider themselves instructed to act accordingly
in the Legislature. If this division is effected each
of the two counties will be as large or larger in ter
ritory than one-half the counties in the State now are.
There can be no difficulty either, on the score of
population, for the county on the south side of the
river, according to the late census, will contain about
twelve thousand inhabitants, and that on the north
side about eight thousand.
I do not intend here to enter, into a discussion of
the reasons which were urged on this subject, for or
against it at borne, for I consider the vote on that
subject conclusive, and by that I am instructed to
cast my rote in favor of this bill. The name pro
posed for the new coimiy is that of Yadkin, the same
name as that of the noble and beautiful stream which
flows along her borders. It is an Indian name, and
think it is desirable that in naming towns or counties
that tbe primitive names given by the aborigines of
, mis couuirjr Buouiu oe retained.
Mr. Sheek called for the reading of several certifi
cates relating to a division of the county ; he pre
sumed there would be no opposition to tbe bill.
Mr. McMillan also made soma remarks in favor of
the passage of the bill. , ,
Mr. Caldwell, of Guilford,' moved to strike out
Yadkin as tbe name of the county, and insert that of
Harnett, in honor of a citizen of North Carolina who
spent a large fortune during the revolution in behalf
01 iBB country. . f
The amendment of Mr. Caldwell was lost, and
bill passed its second reading. Ayes 83, Noes 25. ;
..... num ue committee oa education, re
ported in lavor of .the passage or the Resolution au
thorizing the President and Directors of tbe Literary
Board to loan $2,000 to the Mount Pleasant Acade
my, in the county of Cherokee, with an amendment,
which was adopted 1 and the bill passed its second
Alao, in favor of the passage of the resolution to
:.- .. ... y , .v .
authorise the President and Directors of the Li
Fund, to loan $3,000 in tha Chowan Female W
tute. y .V ; (:' ,f, 1, . .- i yv . . . . u
Upon this a debate of considerable length sprang
up. Mr. Stowe opposed the passage of the resolution
He wished to test the question, and to ascertain h.J
far the Legislature intended to go in favor of making
loans, or rather donations, to these Institutions. Mr
Stasia Hr. fk n4 M. U . ! , 1
a . . VIICIIJiQIJU ai.. Ildji;! u VlieiUKec g.
vocated the principle involved in the passage of thU
resolution. Mr. Stevenson opposed it, and thought
that these corporations were irresponsible.
Mr. Brogden oflered an amendment, which un
adopted and the resolution then passed its second
reaaing Ayes 68, Noes 43, as follows:
Afe8. Messrs. Adams, Amis, Avery, Boofe
Bond, Boykin, Brazier, Caldwell of Guilford, Camp!
bell, Cherry, Clanton, Cockerham, Dargan, Davidson
Dickinson, Douthit, Drake, Dunlap, Durham, Erwin
Eure, Farmer, Fleming, Flynt, Foster of Davidson
Foster of Wilkes, Hackney, Harrison, Hayes of
Cherokee, Hayes of Caldwell, Herring, Hill f
Brunswick, Hill of Caswell, Jerkins, Johnston,
Kallum, Leacb of Davidson, Locke, Love, Maultg.
by, McKay, McLean, McMillan, Wm. McNeill
N. McNeill, Mizell, Parhans, Pegram, Person of
Northampton, Pigott, Rayner, Russell, Scott, Sharp
Shinpock, Siler, Sloan, Steele, Stubbs, Sheek, Thorn,
burgh, Thornton, Tripp, Walton, Webb, Wiggin,
Wilson, and Winston 68. ' '
' ' Noes. Messrs; Barco, Barnes of Edgecombe
Blow, Bridgere. Brogden. Cotten. Eaton. Fonviiu'
Gordon, Hill of New Hanover, Jarvis, Jones, Kelly,' I
Leach of Johnston, Marshall, Martin, Mathis, Mc-
Cleese, Montgomery, Newsom, Patterson, Person of j
Moore, Pope, Powers, Rankin, Reinhardt, Rollins
Sherard, Simmons, Stevenson, Stowe, Sutton, Swan
ner, Taylor, Thigpen, Waugh, Wiliams of Greene
Williams of Mecklenburg, and Winstead 43. '
The hour of 12 o'clock having arrived, the onfin
ished business of yesterday was taken up, being the
motion to refer Mr. Love's bill calling a convention
to amend the Constitution, to the committee on amend
ments to the Constitution.
Mr. Fleming said he was sorry to resist, but he
must protest against the reference of these bills. wIip
its object was their destruction. He protested against
it as an extraordinary course. .
Mr. Caldwell of Guilford, was sorry to find that f
the motives which had drawn forth his remarks s
on yesterday had been misconstrued. He opposed '
the reference of these bills to this committee, because
it was a party and a sectional one. He should b
nnnnspfl tn tho rffkrno in iUa min. : c i
mi . w ncu ii up
If np W It tn ha in fivnr tf tho. ul.il !,; U..I i.
. " . " wcioio. lie 1IIUUUI
wiib iruuio Buujeci uujui to go 10 a committee com- ,
posed of equal numbers of both sections, and of both
parties of this House. He should offer such a resolo-
tion, if it was not deemed disrespectful to the commit- !
tee or to the Speaker of this House. He wanted to !
put this whole matter above nartv. H thnmrht it -
impossible to carry any amendments through this V
House, in the manner provided by the Constitution, V
and the Reporter understood him to say, he was op- l;
posed to all amendments if a convention could not :f
Mr. Sharpe called the ayes and noes on the motion ;
to refer, and the bill was referred Ayes 70, Noes 41. h
jn motion 01 ivi". a very, mr. Kayner 8 Dill to call 1
a convention to amend the Constitution, was taken ;
Itn 4n1 VUtnr-M1 tl hi s an rv A Mx-r niltlnn
Bill on Secono Reading.
Mr. Stevenson moved to take up bill concerning i
Sheriffs' and Constables' bonds, which was agreed
to. Mr." Eaton proposed an amendment, which was i
agreed to, and bill passed its second reading.
.BILLS ON lHIBD hEADIKG. H
The following bills were read a third time and
passed : A bill to incorporate Windsor Male Acade- $
uijra mil m restore jurj iridio iu me ivuunijr vyuimui
Buncombe a hill concerning original attachments
abill to incorporate Oriental Lodge, No. 24,1.0.
O. F., Colerain, Bertie county a bill to incorporate
Colerain Female Academy and a bill to incorporate
the Fayetteville and Centre Plank Road Company.
A message was received from his Excellency, the
Governor, transmitting the report of the commissioners
appointed to supervise the operations of the Raleigh
and Gaston Railroad.
On motion of Mr. Person of Moore, the standing
order of the House respecting the time of .meeting
in the morning, was amended, so that the House
hereafter should meet at 11 o'clock.
The House then adjourned.
u:n . . ; . .i ... o . r s
Wednesday, December 4, 1350.
The Senate met according to adjournment.
Mr. Clark presented the memorial of sundry offi
cers and privates of the several regiments of the 5th
and 17th Brigades of militia, praying for an amend
ment of the militia laws of this State. Referred to
the committee on Military Affairs.
Mr. fender introduced a bill lo incorporate Lspc-
ranza Lodge No. 28 of the Odd Fellows, and a bill lo
ncorporate Mara loch Division No. 88, Sons of Tem
perance; which were referred to the committee on
Mr. Barringer a bill to provide for paying witnesses
in certain cases. Referred to Judiciary committee.
Mr. Grist a bill to incorporate a Bank in the town
Washington. Referred to the committee on Corpo
Mr. Nixon presented a memorial from the Board
of Commissioners of the town of Wilmington, rela
ting to the Wilmington and Manchester Rail Road.
Referred to the committee on Internal Improvements.
Mr. Cameron, from the committee on Corporation.
reported the bill to incorporate the Greenville aid
Raleigh Plank Road Company, and recommended its
passage. Laid on the table. Mr. Cameron also re
ported the bill to establish the Rock Sorino- Camp
ground, in the County of Lincoln, and asked to be
discharged from its further consideration ; which was
not agreed to.. '
Mr. McMillan presented the petition of Theophi
lus D. Odham, in relation to the ppening a commu
nication for the passage of fish between Bogue and
Dear iniets, Dy way oi inshore Ureek, in the (Jounty
of Onslow. Referred to the committee on Proposi
tions and Grievances.
Mr. Cameron, from the committee on Corporations,
reported the bill incorporating the Murfreesborough
Joint Stock Building Company, and recommended
its passage. - Laid on the table. ' Mr. Cameron from
the same committee, reported the bill to amend an '
act passed in 1833-'4, establishing the Bank of the i
State, and recommended its passage. Laid on the
On motion of Mr. Barringer,
Retolved, That the committee on.the Judiciary in-
quire into the expediency of making provision for f
hereafter requiring the attendance of the Attorney i
and Solicitor Generals upon each session of the Le- :
gisiature, in order to revise all bills of a public char
acter previous to their enrollment and ratification as
laws ; and that aaid committee report by bill or oth
Mr. Lane introduced a bill to incorporate Union
Institute in the County of Randolph. Referred to
committee on. Education and the Literary Fund.
The bill to incorporate Fulton Lodge, in the town
of Salisbury the bill to amend the 7th section of 5ib
chapter of Revised Statutes in relation to apprentices
the bill to amend the act establishing the town of
uaiesvura ana tne bin to repeal an act abolishing
Jury Urals in the Connties of Rutherford and Cleaveland-,
were read the second time and passed.
Mr. Thomas, from the .committee on Internal Im
provements, reported tb bill authorizing the Sea
board and Roanoke Railroad Company to issue bonds,
and recommended its pas'sage. Laid on tbe table
Mr. Thomas, from the committee on Turnpike
Roads and Cherokee Lands, reported the resolution
in favor of John Cockerham. Read a second time
Received from the Honse of Commons a message
transmitting a communication from lite Governor, ac
companied by a report from the Commissioners charg
ed with the supervision of the affairs of the Raleigh
and Gaston Railroad, witfr a proposition to print tbe
same. - Proposition to print concurred in. -
The Senate then proceeded to the consideration '
the special order of the day. beinsr the bill heretofore
introduced by Mr. Woodfin, providing for calling
convention to amend the Constitution of the sta'ci
on its second reading. Mr. Woodfin addressed the
Senate for about an hourt in ad vocacy of bis bill, snd
in favor generally of a change in tbe. Constitu ton W
as to establish tbe white basis of representation. H0
said he had no doubt a large majority of the people
f the State- were for Equal Suffrage; if for that,'1
followed as a consequence, that the basis should be
changed,.so aa to make one white man in his V"'
trict, for instance, weigh as much ia legisla tion as
white man in Warren. He spoke against both in