The Tarboro' southerner. [volume], February 06, 1868, Image 2

About The Tarboro' southerner. [volume] (Tarboro', N.C.) 1867-1873

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'J he Tnrfooro' Southerner.
TARIifiRO'. K 0TT1I CAROLINA.
' ?
WHjIjIAM BIGG3, Editor.
TBlTiSDlY,
FES. 6, 1SC8.
la North Carolina a State? This
juvetion fcems giving great trouble to
the Kaleigh Convention, and well it
may, for it lies at tho very foundation
cf tho polioica which ar-. submitted for j
tho verdict of the peiple. If a State,
the obligations of tho Constitution rest
upon her, and being Bubject to the dis
abilities it imposes upon States, eIio
is entitled to the benefits and rights it
confers upon States. There i yet a
third opinion given cxpressiou to by
those who wish to bo so adroit as to
rid upon both of the above proposi
tion, siding with tho one or the other
cf may suit their purpose at the mo
ment.
If a conquered territory, the Repub
lican party claim with some plausibili
ty that they exercise a war power in
governing her.
That North Carolina was onco a free
n nd sovereign Stale of the American
Union none will deny. IJow then came
fhe to lose this status. Was it her own
net or was it the act of the Congress cf
the United States. Tho ordinance of
secession to have accomplished this rc
salt must have been valid, and upon
that event North Carolina became an
independent, sovereign government, and
the war must have been for the con
quest of this sovereign government.
This is an admission that the South was
right and that the North waged upon
her a war for which there was co right
or pretext of right. Radicals will not
admit this, and deny validity to the
ordinance dissolving the connection of
the State with the U. S. If the or
dicance above alluded to was invalid,
thou North Carolina never ceased by
any act of her own to be a State of the
Union, and tlir ugh revolutionists may
have seized upon her government, ycc
when by the power of the rightful gov
ernment, they were overthrown, the
rights aud obligations of the State gov
ernment remained unchanged and un
impaired. The relations of the State
to the Union had cover been legally
severed, and when the State govern
ment was wrested from the hands of
revolutionists, each aud every depart
ment of tho U. S. government stood
j '.edged to the good and true Union
meu of the State to guarantee to them
their republican form of government
which had been preserved by the over
throw of the Confederates. Whatever
may be the responsibility of individ
uals to answer for their acts, their ille
gal aud void acts could never have the
effect cf destroying tho rightful gov
ernment of tho State.
Congress can not dejtroy a State, so
far from it, itself is dependent on a Con
stitution that rests upon assent of States,
and with the other departments of the
government is bouud tc the upholding
the republican government of each of
them.
In legal contemplation then, North
Carolina remains as she was before, a
a State of the American Union, and
what is needful is not reconstruction,
for nothing has been destroyed, but a
restoration, a readjustment of that
which yet exists to its former and prac-
tical relations to the other States of
the Union by the recognition of, and
an application of rights and obligations
of the Constitution.
Sir. liodaiaa ef Beaufort.
Tho coarse this gentleman has seen
t to pursue siuce his entry into the
radical troupe at Raleigh is such as to
entirely separate him from the great
mass of his frieuds who hitherto took
a pride in hi3 acknowledged abilities
and who now regret that the hope of
personal and political aggrandizement
could thus induce him to forswear all his
old principles and cast himself, body
aud soul into the ranks of the most
ultra radicals of the Convention.
That he has done so ; that he is now
regarded as au acknowledged leader of
the Republican party in this State,
will not be denied. Upon the most
trivial as well as tho most important
questions his vote has been most inva
riably oast with the republicans, and
he stands to day before the people of
North Carolina as a politicalapostate of
tho deepest dye, unworthy the con
fidence and respect of any portion of a
party he has so shamelessly deserted.
The hope of a seat upon the Su
preme Court Bench, as reorganized by
the party in power, has proved too
powerful for tho political integrity of
Mr. Rodman and to this motive can be
cnsily traced his present apostacy.
Thid fact is apparent to all and its
knowledge souuds the death kuell to
whatever iuflueuce and power Mr. It.
mny have hitherto possessed in this
seetiau of the State.
It is to be expected that he will soon
take tho stump, in advocacy of the
adoption of a Constitution, which a
Convention, evoked by Military rule
and upheld by bayonets, is ordered to
present to the people of North Carolina
for rutiCcation or rejection.
This Convention we tell the people
of North Carolina is unconstitutional,
illegal and without a shadow of authori
ty, and consequently all its acts partake
or the same character. JNo true fcouili
ern man can endorse it, without for
ever forfeiting all claim for consistency,
and its defence by Mr. llodm o can
neither further Its adoption, or reinstate
that gentleman in the confidence of his
U)iovf citijfpi.
1 Tcep at the t'oavtut'oa (So-Calird-)
Circuses, Menageries, Nigger Per
forinanevs and such like exhibitions,
have a certain species of facinatiou that
is sure to attract a crowd and notwith
standing Dan Castello is on hand aud
promises a rich treat in his lino, still
tho greater inducements offered
by tho troupe now on exhibition
in tho Commons Hall at Ral
eigh lured us thitherward, and
thitherward wo went, anxious to " see
tho elephaut'' and tho other curiosi
ties.
And we saw them a conglomera
tion of ignorance, fanaticism and preju.
dice truly wonderful to behold, a spec
tacle, which few of the people of North j
Carolina can justly imagine and which j
to-day in all its degrading connections,
stand a foul blot and stain upon the
hitherto unsullied escutcheon of the
good old State.
Under the ridiculous control of
Manager Cowlcs, whose head is equal
ly divided upon the important question
of the right to '-hunt on his own
"round" and a miserable failure in
the attempt to acquire the dignity suita
ble to bis position, the so-called pre
sents a scene of confusion and disorder
which satisfactorily accounts for the
fact that up to to-day, (tho twenty-first
of the Session) nothing has been ac
complished, if indeed the expenditure
of some twenty-five thousand dollars
of the peoples money can be called
nothing.
Daring the time we had the pleasure
of witnessing the performances, the
subject of " Relief Relief for the
people," seemed to be the hobby horse
which mauy of the delegates were dis
posed to ride to death, almost each and
every member having a separate and
confused idea as to how far and in what
direction their particular pet schemes
could be best turned to their own par
ticular advantage.
Absolute repudiation finds favor with
many, and it is admitted by several
acknowledged leaders of the radicals,
such as Rodmau, Rich and others, that
in order to carry the Constitution,
ome such measure or au interminable
Stay Law must be iur-rafted in that in
strument. Negro Suffrage, unlimited and gene
ral, will of course form the main fea
ture in the proposed Constitution, and
for the purpose of carrying this nefra
ious documeut, conceived ia iniquity
uud eu forced at the point of bayonets,
a degrading bid is offered the people of
the State to barter away their honor and
good name in exchauge for a temporary
relief from present necessities. A more
infamous proposal was never offered a
free people and such the radical leaders
will find to be the case when the citi
zens of North Carolina repel at the bal
lot box the foul aspersion thu3 sought
to be ca.-:t upon them.
Many are not satisfied with repudia
ting simply old debts, but wish to iter
ferc with contracts made since the close
of the war. This ilea though sup
ported by some of the strongest men in
the Convention, cannot carry sufficient
weight to cn-ure its adoption, and the
demagogues who advocate it arc fre
qucntly snubbed by the more moderate
who see in it the prostration of the entire
business system of the country.
The most effectual means of relief
will be for this intermcdling body of
gorillas to betake themselves as speedily
as pofsible to their lairs and save the
people the useless expense of some
fourteen hundred dollars per day.
'lhe only redeeming feature in the
Convention is the little baud of Con
servatives, beaded by Durham of Cleavc
land aud Graham of Orange, who,
though powerless to resist the encroach
ing tide of radicalism and outrage, pre
sent a bold and manly resistance, which
entitle them to the thanks of every
honorable man in the State.
The Menagerie on Exhibition ia
Raleigh Proceedings, &c.
ELEVENTH DAY
The Convention was called to order
at 11 o'clock.
I'rayer by the Rev. Dr. Mason,
of the city.
Mr. Garrett presented a memorial,
which was referred to the Committee
on Suffrage.
Mr. Raglan, a petition, which was
referred to the Committee on the Jud
iciary. Mr. Abbott submitted a report from
the Committee on Finance, in relation
to an ordinance staying the collection
of debts, and recommended that it do
not pas3 until it comes before the Con
vention iu a more tangible form.
Harris, of Wake, (nogro,) a memor
ial from the "loyal" people of J. Sor
rell's, praying the disfranchisement of
all Confederate officers of the rank of
Colonel and upwards, &.Q. Referred.
Mr. Rryan submitted a report from
the Committee on the Militia, regula
ting tho military duties of citizens in
times of peace and war. Referred to
Committee of the Whole, and made
the special order for Monday nes-, at
12 o'clock.
Mr. Daniel, a resolution indemnify
ing artisans and mechanics for their
labor. Referred:
Mr Guuter, a resolution of thanks
to the officers of the Deaf, Dumb aud
lilind Iustituto, for their courtesy to
the Convention. Rules suspended und
resolution adopted.
Hayes, of Halifax, (negro,) a resol
ution in regard to eligibility of certain
persons for office. Referred.
Mr. Grant, of Wayne, a resolution
praying Gen. Canby to postpone the
collection ot debts contracted since
18f5. until 1869. Referred.
Mr. Kinney, a resolution that every
raenibw of this Convention, who fav
ors the Reconstruction acts of Con
gress, be requested to furnish a list of
tho names in their respective counties
who have given material aid in the
work cf reconstruction, and who,
technically, labor under the disability
imposed by the third section of tho
Howard amendment; and that tho Com
mittee, to whom this resolution shall
be referred, report to this Convention
whom they deem justly entitled to re
lief. Referred.
Mr. Ileaton asked leave of absence
for Mr. Daniel until Wednesday.
Granted.
Mr. Gully asked leave for himself
antil Monday. Grauted.
Mr. Mullican introduced a resolu
.ion that any member absenting him
elf without leave shall forfeit his pet
liem during such absence. Aftei
some debate, on motion of Mr. Dowd.
it was laid ou the table.
Mr Aydlott asked leavo for Mr
Hay, of Johnson. Granted.
Hood, (negro) asked leave for his
colleague, Mr. Maun, until Tuesday
next. Granted.
Galloway, (nogro,) a resolution in
structing the Judiciary Committee tc
inquire into the practicability of in
sorting into the Constitution some pro
vision, by which persons, (formerly
held as slaves,) who, when slaves, pur
chased property through an agent,
or master, aud aro uow depaived of that
property, Bhall be compensated for said
property. Refeired.
Mr; Peterson, a resolution in regard
to Justices of the Peace.
Mr. Watts, a resolution to relieve
political disabilities, and provide for
the formation of a committee- of !'.; to
prepare a memorial to be submitted to
Congress. Referred.
Mr. Congleton, a resolution declar
ing that this Convention has the right
to declare, and now declares, that all
laws passed heretofore, by any Conven
tion or Legislature of North Carolina,
are held to be null and void, and shall
so rcmaiu until the assembling of tho
next Legislature of North Carolina,
except what relates to marriage. Re
ferred. Mr Tourgee's ordinance, inquiring
into the propriety of taking steps iu
regard to members of this body who
are disqualified by the provisions of the
d section of the act of March l!d,
18G7, which was referred some days
ago, by mistake, was, by consent of the
House, taken up.
Harris, of Wake (negro), moved to
lay it on the table.
Mr. Tourgee thought that, in cour
tesy to him, he should be allowed to
say Eomethiug on the subject before
such action.
Harris withdrew his motion, when
Mr. Tourgee said that he had under
stood that there were members on this
floor disqualified by the aforesaid act.
He thought that action should be taken
irrespective of political affinities. He
thought if some such action was not
taken, that this thing might invalidate
the proceedings of this Convention.
He did uot care particularly to discuss
the matter to-day, tut wished to refer
to Committee ot the Whole, ou Mon
day next.
(The President vacated his scat,
calling Mr. Rodmau to preside).
Mr. Abbott thought that if the sub
ject was referred to the Committee ol
the Whole and siu-h committee went
into au examination cf such cases, too
much ti:ue would be consumed.
Harris, of Wake (negro), concurred
with Mr. Abbott, and thought Gcu.
Canby the proper person to be applied
to in such case-; that tho Convention
had no authority in the matter, rene
wed his motion to table.
Mr. McDonald, of Chatham, called
fcr the yeas and uays.
The call was not sustaiued, and the
question on the resolution being put.
resulted iu laying the same on the ta
bic. A communication from Col. Rom
ford, acknowledging the iuvitatiou to
U. S. officers, ou duty at this Post, to
the floor of the House, was read and
ordered to be spread on the record.
UNFINISHED BUSINESS.
The resol ution of Mr. Jones, of Wash
ington, requesting the Treasurer to fur
nish a statement of the amouut of stock
held by the state, in the Albemarle and
Chesapeake Canal Company, was taken
up and adopted.
Also a motion, by the same, requesting
the Treasurer to furnish a statement ol
the amount of the State indebtedness.
Adopted.
A resolutiou by Robbina, (negro,) pro
hibiting the hauling of seines on the
Sabbath, was taken up.
Galloway, (negro,) objected to its
passage aud hoped it would be voted
d jwn.
Mr. King of Lenoir, moved to lay it
on the table. Carried.
Mr. Rodman's resolution, in regard
to printing, was next reached and pass
ed. GENERAL ORDER.
Mr Welker's ordinance, in reference
to the liabilities of Banks, was taken
up and referred.
The ordinance, by the same, provid
ing for the admission of members of the
Bar of other States, to practice in the
Courts of this, upon the presentation of
license, was also referred.
Ou motion of Mr. Ellis, the Conven
tion then adjourned.
TWELFTH DAY.
Mr. King, of Lincoln, presented a
petition from 90 citizens of' his county,
asking the removal of "rebel" State
officers. Referred.
Hood, (negro) a resolution that a
Committee of five be appointed by the
Chair, whose duty it 6hall be to ga
ther such information as will enable
them to report, at an early day, to this
Convention, a list of such persons as
may bo presented to Congress to be
relieved of their disabilities.
Mr. French, of Rladen, an ordinance
to repeal the provisions of the Revenue
Law, that provide that corporations
and employers shall list persons em
ployed and pay their taxes. Referred.
Mr. Chandler, an ordinance repeal
ing the general amnesty granted sol
dier, &c., passed by the General Assem
bly, December, 18C6, except so much
a3 applies to females. Referred.
31r. Welker, an ordinance prohibit
ing the distillation of grain. Lies
over.
Mr. Rod man, a resolution appro
priating moneys for the expenses ol
this Convention. Lies over.
Mr. Lafiin, a resolution easpending
the collections of debts, made prior to j
May, 18G5, for ten years, without in-!
tercst, and those from May, 1865, to
January, 18GS, five ysars, . with inter
est. Referred.
Piersou, (negro), a resolution provi
ding for the admission of persons of all
races aud color to the benefits of the
D. D. aud Blind Instution and other
beuevolcnt institutions. Referred.
UNFINISriZD BUSINESS.
Mr. Daniel's resolution, as to in
demnifying mechanics and artisans for
their labor, was taken up, and, on mo
tion of Mr. Ileaton, adopted.
COMMITTEE 0? WHOLE.
The hour of 12 having arrived, the
Convention went into Committee of
the Whole.
The report of the Committee on
'Governor and other Executive offi
cers" was taken up an considered.
Mr. Abbott moved to pass upon the
name by sections, which was agreed to,
ind the Secretary read the report, when
Mr. French, of Chowan, moved to
idd, in the 4th line, after the words
Superintendent of Public Works,"
die words "and Immigration," and in
i speech of some length, proceeded to
Jescribe the resources of the State, and
to show the good effect of an immigra
tion of industrious and enterprising
working-men into this State.
Mr. Rodman objected to the amend
ment, and thought it had better come
in the 18th section aud be added to the
duties of the Bureau-of Agriculture
and Statistics. '
Mr. McDonald, of Chatham was in
favor of anything that encouraged
working men to come into the State.
Galloway (negro) wanted the avenue
open to all, &c.
Mr. Congleton wanted to know what
class they wished to invite here; too
many poor people here already.
Cary, (negro,) said the laborer in
North Carolina had been the negro, and
there were thousands of them idle uow,
and yet we heard geutlcmeu talk about
bringing immigrators here for to ex
terminate the poor black man or to
send him away to some bleak region.
If anything was to be distributed, the
poor black should have it. He would
not object to some of them immigrators,
but he saw too much disposition, on
the part of all white men, to disregard
the interests of the black men. "Peui
immigrators come down here, wid de; e
implements, aud two of deui cultivate
40 acres of wheat, whar two black men
couldn't cultivate two ; darfore, dey
would be exterminated. Do negro had
planted de wilderness, built up tie State
to what it was; daribre, if anything
wus to be given, de negro was entitled
to it. Talk about the State being nunc
in de r.ar ; he would tell de reason why
it was because de poor negro had
been abused ; dat was do reason de
State was flung in de rear."
Hood, (tiegro.) favored the amend
merit, aud, in the course of his re
marks, stated he was totally opposed to
any system of confiscation.
Mr. Rodman moved to strike out
"two," and insert "four," making
the term of officeour years for GeT
erm.r.
Cary, (negro.) an amendment, pro
viding that the Governor or Lieute
nant shall be a colored man, when
chosen; but he withdrew it.
Mr. Graham, of Grange, was cp
posed to anv change iu the Constitu
tion of'Nrth Carolina. He did not
recognize the power of this Conven
tion as sufficient to make it. In re
gard to the term ui office of the Gov
ernor, it should remain as it was, for if
a bad one should be elected, be world
be fastened upon the people for four
years.
Harris, of Wake, (, negro,) arose to a
personal explanation, iu regard to the
amendment offered by Carey, (negro,)
saying that no black man entertained
such sentiments; that Carey's amend
ment had been drawn up by some Con
servative, who imposed upon that gen
tleman's (Carey's) credulity, if it
was denied, he held the name of the
man in his hand.
Carey didu't like Harris' remarks,
aud commenced an appeal to every
member on "this delegation floor," but
was informed, as he had withdrawn
his amendment, he could uofc discuss
it.
Mr. llodnelt said that if Harris'
remark was meant for him, he would
at once emphatically deny any connec
tion with the matter; whereupon.
Harris said he had no allusiou to Mr.
Ilodnett, and, in fact, had not faid it
was a member of this body, but a Con
servative did it, and he (Harris could
give the name, if it was desired.
Hood, (uesro,) thought two years
long enough.
Mr. Ileaton moved, as an amend
ment, to make it three years.
Mr. Watts opposed Mr. Heatou's
amendment, and favored the four year
term.
Both amendments were withdrawn,
at the request of Mr. Abbott, who
moved that all the terms of all the
officers be four years.
Mr. Durham asked if a motion to
ameud the section by striking out
"Lieut. Governor, Superintendent of
Public Works, and Superintendent of
Public Instruction," would be in or
der, after the Committee had decided
to make the term of office for Govern
or four years.
The Chair decided that the motion
must be made before.
Mr. Abbott withdrew his amend
ment, in order to indulge Mr. Dur
ham, whereupon Mr. D. made the mo
tion, saying that the creation of those
offices was another innovation an im
portation from other States, another
appropriation of the people's money to
feed hungry party pets. The people
were in no condition to increase the
expenditures of the State. They were
beggared, bankrupt and impoverished,
vet gentlemen here spend their time
in creating unheard of, useless
and expensive offices. How could the
people bear it? Common sense, com
mon prudence, stamped such legisla
tiou as unwise, unjust and outrageous.
Mr. Abbott said it was a matter of
no concern to him, what the length of
Governor's term of office was, but the
Lieutenant Governorship created no
additional expense, as he would receive
pay only while presiding over the Sen
ate. Mr. Durham replied, that whether
they should have those officers, or not,
was for the intelligent, taxpaying citi
zens of the State to say. Too
many offices had been alreedj treated
for party purposes. -
Mr. Rodman thought th office
necessary and proceeded to advocate
the measure at some length.
Mr. French, of . Chowan, thanked
his God this teas a day of innovation.
Men who were, a few short years ago,
slaves, were now on this floor in the
capacity of Constitution framerB.
That was a great innovation.
Mr. Durham said the gentleman
seemed a little excited. lie would
advise him to keep cool, and wanted
him and others to understand that,
although the number of Conservatives
on this floor was small, they were not
to be frightened into measures. He
intended to oppose such wicked and
vile legislation with all of his ability.
He represented an intelligent and tax
pay iug constituency; they had sent him
here to protect their interests and de
fend their rights, and he would do it.
It was true he felt out of place; it was
true he felt tho degradation of bis
State, when he looked around him,
and saw the 6cats of Gaston, Badger,
Morehead, and a host of North Caro
lina's noble sous, filled by ignorant
blacks and uneducated white iteri,
who were iu no way identified with the
iutercsts of the State.
A communication was received from
the Public Treasurer, declining to pay
the expenses of the Conveution, on the
ground not, from tho nature of his
oath of office, or the pecuniary obliga
tions of his boud; nor did the acts of
Congress justify him in disbursing
money in compliance with the resolu
tion recently passed.
After some debate, it was deter
mined tc refer the'matter to the Com
mittee of three appointed to wait on
Gen. Canby, instructing them to re
quest the General to issue an order to
procure their money.
On motion, the Convention ad
journed.
TOTRTBINTH DAY.
Ilyman, (negro,) a resolution eras
ing the word "white" from the Con
stitution, and in regard to suffrage.
Referred.
Eppes, (negro,) a resolution that
all real estate be taxed ad valorem, &c.
Referred to Committee on Towns aud
Cities
Mr. Ellis, the following resolutions,
viz:
Wuereas, We, the delegates of tho
people of North Carolina, assembled,
do recognize in the Government of the
United States three co-ordinate bran
che?. viz: Executive, Judicial and Leg-ir-ljtive,
and do not recognize any Con
st itutionjl warrant for thjone'sinfrinc
iug upon the prerogatives of the others:
J; ichereas, There are many special
ca.-es where persons are held in sus
pense, and are detained from a speedy
hearing before one of said branches,
thus depriving them of a right to a
fair and impartial hearing on points
involving the constitutionality of the
r. c instruction acts, thus Mi'jecti-'g
them to great aud unhappy inoouveni
ence: And whereas, These 'exists a
wide spread feeling of discontent in
all the States of this L'nion, in regard
to the preseut unhappy state of things:
lie o; ve I, thfrrfore, That we, the
delegates of the people of North Caro
lina, do hereby call upon tho Congress
of the U. S., now in sesion, to aid the
President in obtaining a hearing be
fore ihe Supreme Court of the U. S.,
oa ail points Involving the constitu
tionality of tho reconstruction acts, in
order that their decision may bo made
kuowu to the people of the U. S, as
early as possible.
UNFINISUEE BUSINESS.
Hood's (negro,) resolution, praying
the removal of political disabiiitscs
from certain individuals, imposed by
ihe Howard aniendmcut, was taken
up.
Mr. Durham said that Congress had
no right to do this, when the Howard
amendment was not a part of the Con
stitution. The President only had a
right to do so. It would display great
ignorance, oa the part of the Couven
tii n.
Hood, (negro) said that the Consti
tutional amendment was the law of
the land, the law under which Con
gress was acting.
Mr. Hcatou said he had been iufor
med by gentlemen of high standing
and great learning, that upon proper
representations Lorn members of this
Convention, fongress would remove,
as they clearly had a right to do, the
disabilities of those who were in a
hearty accordance with the Reconstruc
tion acts.
Mr. Jones, of Washington, moved
the adoytion of the resolution, and
said the resolution proposed a com
mittee to report names for relief fiom
those disabilitcs. They wished to
relieve tho gentlemen himself (Mr.
D.) but he would not aocept it. The
revolution of arms had passedf now it
was revolution of ideas. Congress had
taken the matter in had; how can it be
averted? Why not acceyt the situation,
and let N. C. take her former honored
ktand in the honored Uuioa ?
FOURTEENTH DAY.
A communication was received from the
Public Treasurer, in compliance with a
resolution passed somo clays ago, asking
information in regard to the amount of
of stock held by the State in the Albe
marle and Chesapeake canal. Referred to
the Committee on Finance, with instruc
tions to consider and report the best course
for the State to pursue in the mattej.
Mr. "Watts a memorial from Sampson
county in relation to the late election.
Referred to the Comm'ttee on Elections.
Mr. Abbott presented a communication
from the President of the Wilmington,
Charlotte and Rutherford Railroad Com
pany. Harris, of Wake, (negro,) a memorial
contesting the seat of Mr. Williams of
Sampson, by one Hall. Referred to the
Committee, with instructions to report as
soon as possible.
Mr. Jones, of Caldwell, a majority report
from the Committee on Homesteads. Or
dered to be printed.
Hood, (negro,) a minority report from
the same. Also ordered to b printed.
Harris, of Wake, (negro,) a resolution
that the Convention will not act upon pri
vate bills for relief, until the Constitution
or civil government is formed and an ordi
nance passed for the relief of the people,
lie wished the rules suspended and the
resolution put on its passage.
Mr. Abbott thought the matter had been
settled by Mr. Pool s ordinance. The bill
for the relief of the Wilmington, Charlotte
and Rutherford Railroad Company was the
best relief for the peoplo of North Caroli
na. It saved two millions of dollars to the
State, and Harris, resolution would effect
ually kill it.
Galloway, (negr,) thought that all reso
lutions should lie over under the rule; he
w9 opposed to fo srfp'iten tfe rnlet.
If the Convention passed the resolution, it
would recede from the position it toofe id
the earlier stage of its proceedings. He
was opposed to repudiation ; it was only
the rich who favored that measure, the
poor owed nothing. The moment repudi
ation was introduced hore it would uo a
death blow to tho Republican party. Tho
best method to give relief to the people was
to encourage Internal Improvements. He
hoped the resolution would lie over.
Harris, (negro, ( said the resolution was
intended only to expedite the business
that brought them here.
Mr. Tourgee hoped the vote would be
taken, and the rules were accordingly sus
pended and the resolution voted down.
Mr. Rich, a resolution calling ou sheriffs
for the number of executions and amount
of money to be collected thereon. Laid
over.
Mr. Congleton. a resolution iu favor of
immediate action on Constitution aud Re
lief. Laid over.
SPECIAL ORDER.
The hour of 12 o'clock having arrived,
Mr. Rodman's report, as Chairman of the
Committee on Relief, the special order ol
the hour was taken up.
The following is the report :
The undersigned, a majority of the Se
lect Committee on Relief, respectfully re
port the following Ordinances and Resolu
tion aud recommend their passage :
An Ordinance Respecting thk Jurisdic
tion ok tue Courts of this State.
Section . Be it ordained by the people
of North Carolina in Convention assembled ;
That no Court of law or equity of this State
shall have jurisdiction of any suit or actio:
founded oi; any cotract made prior to the
first day of iay, 1865, (except actions
against public olliccrs, executors, adminis
trators, guardians, trustees, and others
actiug in a Cduciary capacity, and their
sureties, for breach of their respective du
ties, by the appropriation to their own use
of money or property officially received by
them, or other fraudulent act,) or of any
action or process to revive or enforce any
judgment heretofore recovered on any
such contract whether meli action be now
pending, or shall be commenced hereafter,
and whether such process has been already
issued or shall bo hereafter sued for ; and
the sheriff, coroners and constables of
this State, having in their hands any final
process issued upon any judgment, founded
on such cause of actiou, are hereby com
manded to stay all proceeding upon the
same, and return tno same to tho proper
courts.
This Ordinance shall be in force from
and after its ratification by this Conven
tion, and shall continue in force until the
first day of July, 1S(8, or until the Consti
tution which the Convention lias met to
adopt, shall go into cflect, whichever shall
first happen.
Resolved, That a copy of the foregoing
Ordinance be sent to Major General Cau'iy
Commanding, &;., ami that he be respect
fully requested to cause the same to be en
forced. Mr. McDonald, one of the Committee
agrees in recommending the foregoing, with
the exception of the exception in tho first
.section, which he thinks should stricken
out.
Wii.i,. B. R-'DMan, Cliairman.
John A. McDonald,
John Reap,
G. W. BitAii.EV,
J. II. Duckworth.
Mr. R. moved its adoption. He said that
thsy w re called " repudiators,"' and ad
mitted that as any law passed, affecting
debts and contracts, was in some degree
repudiation, that it was repudiation to
some extent. But the people of the State
were impoverished and beggared, and, in
justice to posterity, some measure should
be trken to prevent the sacrifice of pro
perty. It was a necessity, and necessity
knew no law. History knew of no case
where a country had passed through a dis
astrous and desolating war, and not left it
in the same condition as ours at present.
He quoted various instances where repu
diation in sonic degree has been resorted
to and still left the national honor untarn
ished. The bill only touches debts, &c,
contracted prior to May ISG"), and expired
by its own limitation on the 1st. July, 1SGS.
If some measure of this kind is not taken, j
ttie laud wvuM le owned by a large ciaf
of absentee landlords. We would labor
under tho same sutl'oring as Ireland. He
did not care where the purchaser was born,
but he wanted him to live and labor among
us. He would say to the debtor, "you
must pay." and the creditor, " you must
give lime."
Mr. Jones, of Washington, bad great re
luctnuce to dissect an ordinance that bore
the impress of the gentleman from Beau
fort's pen. The people wanted relief and
substantial relief. He thought the ordiu
ance calculated t) mislead; its language
was susceptible of great misconstruction.
He thought the analogies that had been
drawn by the gentlemm between the bar
barian conquests of foioiga countries did
not apply to a Republic. The ordinance
gave to dishonest debtors too great a scope.
He thought tho picture of absentee- land
lords was only drawn to influence the ima
gination, not the good sound judgment.
He did not believe that the prosperity of
the State consisted in retaining large
amounts of lands, and cited the manner iu
which the lands were worked to a great ad
vantage in the North.
Mr. Moore, of Granville, a-ked if tho
gentleman was winking at conii.-.cation
Mr. Jones: By no means. That was a
dead duck a bug-bear to frighten feeble
minds; but it might come, if the present
antagonism to the government was contin
ued. Ho had made an argument, in obe
dience to a suggestion of the Judge on his
circuit, in regard to the constitutionality of
the stay law, passed by the Legislature, and
on being asked b the Judge if he thought
the stay law of tho Convention was also
unconstitutional, he replied that he would
not discuss that ; he and other gentlemen
of the bar had agreed that the necessities
of the people were so great that they would
not moot the question. This ordinance
would expire on the 1st. of July, 1SG8.
Why did not Gen. Canity's order cover the
same ground? His idea of relief was to
set the State on its pegs. He was for keep
ing the hor.or of North Carolina inviolate ;
the moment such a declaration was made,
the people of the North would begin to feel
confidence in the bonds of the State. Then
the stream of prosperity would set in and
the struggje for supremacy would begin.
That was his idea of a substantial relief.
Mr. AVatts said he stood here a Repudia
tor from the circumstances that surround
ed th:;m. Cries for relief were beard from
every quarter. It was not dishonorable.
He would say, publicly, that they were not
States, and, not being States, we could
grant the relief. Congress had declared
that we had no legal government. Then
we had no law. He agreed with Thad
Stevens in his declaration that the Consti
tution had no application to conquered pr -vinces,
or territories. Such was the settled
policy of Congress with regard to us, and
and such was our condition ; therefore, we
can grant broad and sweeping relief. We
may be called repudiators : we may be
charged with acting dishonestly, but the
day would come when such cries would be
hushed forever.
Mr. W. closed his remarks, by offering
the following amendment : "Strike out all
included in the exceptions, and insert : con
tract or engagement entered into for the
purchase of real estate, when one-half of
the purchase money has not been paid.' '
Mr. Graham, of Oraage, said, substan
tially :
Mr. President : I rise to suggest some ob
jections, which, if the advocates of this
measure will remove, I will cheerfully sup
port it. Can we, under our oaths, pass this
law f Is not tho exception in section 1,
in regard to Executors and Trustees, un
just? Is not the relief proposed illusory
and a deception ? Cannot we accomplish
the object proposed, more snrely, by re
ferring the matter to Gen. Canby and by
uniting with the Virginia Couvention in
their petition to Congress to extend the
time in the first clause of the Bankrupt
law and to reduce the expenses ? Can we
not so amend the Stay Law of 186 as to
give judgment for the instalment due, if
not paid at the times mentioned, instead
of for the whole amount, or give judgments
for one-tenth of the old debts, every year
for 10 years.
I do not intend to argue, at this time, the
constitutionality of the reconstruction
tftersm, Mnt to Tfcw the whl matter
from a "loyal" basis- And here I would
reniinaims convention mat we nave been
seiecieci as menwno nave violated an oath
to support the Constitution of
Mate. All who, as officers
to support that Constitution
wards, when the time to try men's souls
ceibc upon us, yielded to their feelings of
kindred and blood, so far as not to remain
neutral in the late terrible contest, have
bven excluded. Should we not pause and
consider that clause which says : "No State
shall pass any law impairing the obliga
sions of contracts V But it is Haid that
clause docs not apply that we are not a
State, but on a Territory Was not North
Carolina asked, as a lalet to ratify the
amendment abolishing slavery f As I said
I would argue this question on a loyal ba
sis, I quote Thad. Stevens. AVas not the
origin of the whole reconstruction scheme
of Congress "to inquire iuto tho condition
of tho States, which formed the so-called
Confederate States of America?" A7as
not the 1st. article proposed: "Representa
tion shall be apportioned among the sever
al States?" Did not Stevens say, ift his
speech : "I hold that these States have tho
right, and always had it, to fix the elective
franchise within their own States," Did not
Chief Justice Chase recognize North Caro
lina as a State, in his address to tho Bar in
jur circuit, last June ?
But does this measure give real relief?
Instead of bread does it not give a stone f
Is this the form in which tho people ask
relief? Mr. President, as our power is
questionable, had we not best refer the
matter to Gen. Canby, who can have his
orders enforced ? I think that our great
est distress comes from the United States
Courts, and the expenses connected with
tiling petition in Bankruptcy. Why not
petition Congress to change the law, so as
to better accomplish the purposes for
which it was designed ? Why should Ex
ecutors and Trustees be subjected to suit
when they cannot collect to meet the calls
upon them? It is to the interest of the
State that all these old debts should be
compromised and settled. I believe the
people would prefer to know how they
stand , that the amount should be deter
mined, but execution should be stay, until
their property would command better
prices, and until their industry had some
what relieved their present distress. Let
us not trifle with them on this subject. I
do nst beleive that our people are dishon
est. I see no .dishonesty, as lias been
charged, when a man unable to discharge
Ids debts in full, surrenders bis property
(with the exceptions allowed by law) for
the benefit of his creditors. If we reduce
the expenses and make the property bring
full value, and eularga the exemptions, we
will accomplish true relief. But to do this
we must petition Con gross. Let us ap
point a Committee for that purpose, and so
alter our present Stay Law, as I have
above proposed, and we will have accom
plished more than we can do by adopting
the measure now bei'oie us.
Mr. McDonald, of Chatham, next tipon
tho floor, claimed that the State was in a
territorial .".-MM. He had heard Governor
V ance acknowledge tlie fact some time
ago, wh.-a on the train, lie spoke of Gen.
Dan Sickles as the great soldier and patri
ot, who had saved this St ite from all sorts
of evils, and, in the course of his remarks
alluded to the fact that judgments, to the
amount of $25,90;) had been taken in his
County. Property was being sacrificed for
a mere song, and our own citizens ae the
principal parties, aud creating all the dis
tress. Yankees were our friends; he would
rather trust thc:n.
Mr. Graham, of Orange, asked tho gen
tleman, if it was not a fact that Northern
creditors had taken judgments in this
State, iu the U. S. District Court, to the
amount of a half million of dollars.
Mr. McDjn.-ild, sis a reply, said he hoped
the gentleman would not interrupt him.
Questions were being always asked, to drive
one away horn the main question.
Hood, (negro,) moved to re-commit the
report to the Committee. Mr. Tourgee
opposed the recommitment, but favored
the fctay cf all debts until a homestead
clause could be inserted iu the Constitu
tion of a retrospective nature; he was will
ing however, that it should bo recommit
ted, wjth instructions to tho Committee to
petition Gen. Canby t stay all debts.
A motion was here made to adjourn, but
withdrawn, in order to allow Mr. Ileaton
to submit a report from the Bill of Rights
Committee; which was ordered to bo print
ed, Mr. French, of Chowan, by consent, in
troduced tho followin r resolution :
Resolad, That the Committee on Finance
either in the name of this whole Conven
tion or in the name of a sub-Committee,
be authorized to negotiate a loan, not to
exceed 1 0,000, in order to dvy the mile
age of members.
Mr p. said ho would move to suspend
the rules, because immediate action should
be taken upon it; us tlu-re were some
members i.i need of money,
Tho rules were suspended and the reso
lution adopted.
Oa motion ot. Galloway, (negro,) the
Convention then adjourned until to-morrow
11 o'clock.
FIFTEENTH DAY.
The Convention was called to order at 11
o'clock.
Prayer by tho Rev. Mr. Lcnuon, of the
Convention.
A communication was read from Dr. E
C. Fisher, Superintendent of the Insane
Asylum, inviting the members of the Con
vention to visit the Institution.
Galloway (negro) offered a resolution re
questing the Committee on Cities and
Towns to enquire by what authority the
town of ATihniiigton claims to be city.
Mr. Ashley, a resolution iu regard tola
borers and mechanics.- Referred.
By the same : A resolution that debts for
labor performed shall have a precedence.
Referred.
Mr. Gunter, a resolution that the Con
vention shall assemble at 10 o'clock, in
stead of 11 A. M., as heretofore. Lies
over.
Mr. Logan, a resolution changing the
terms ol the Court of Pleas and Quarter
Sessions in Rutherford county. Refer
red. Mr. McDonald, of Chatham, nn ordinance
levying a tax of 75 per cent, on old
debts.
Mr. Teague, a resolution instructing the
Committee of three, appointed to confer
with Gen. Canby to ascertain how far he
would recognize legislation on the part of
this Convention. So referred.
Mr. Abbott, by consent," a report from
the Committee on Privilegesand Elections,
to w hom w as referred the memorial of one
Hall, of Sampson county, contesting the
seat of Mr. AA'illiams, of that countv, re
commending that Mr. Hall be declared
elected. Lies over.
Mr. Rodman submitted a report from the
Committee on Relief. Ordered to printed.
Mr. Pool presented a majority report
from the Committee on Suffrage.
Mr. Rich moved that the rules be sus
pended, and his resolution, offered day be
fore yesterday, calling on Sheriffs to furn
ish a statement of tho number of execu
tions in their counties, and the amount of
money to be collected thereon, be taken up.
The rules were accordingly suspended
and the resolution adopted.
Hood's (negro) resolution, raising a com
mittee of live, to report names of persons
entitled to be relieved from political disa
bilities was, on his motion, taken up ; and
on it ho called the previous question, but
withdrew it to allow Mr. Pool to amend it
as follows: "Strike out 5 and insert 8,"
making the committee consist of one mem
ber from each Judicial District.
Hood, (negro,) accepted and renewed
the call for the previous question.
Mr. Durham wished to amend by mak
ing the resolution embrace all persons that
labor under political disabilities. Here
calls for the previous came fast and tluck.
Mr. Durham said he knew that the gag law
would be enforced iu this, as in a great
many other instances. He called upon the
reportors to state how all debate upon this
subject had been cut off. He wished the
people to know how the minority were gag
ged, and not allowed even the privilege of
a free discussion.
Here the gag was again enforced by
clamors for the previous question, and he
was prevented from proceeding further.
The call for the previous question being
thus summarily insisted upon, a viva voce
vote was taken upon the resolution, which
re?ult-9d, jt?.5 ; nays l!.-
I The following gentlemn voted in ,
gative, viz : Messrs. Uurljinrf.Lllis, Eti
uviuij isiu nn cnj'-'i '- " v'"ut vi u u;.-r
Sectiou 6th was modified as follow, 5
adodted : Strike out tho words 'treu.
and in the third line and inserts the wor,j
in ;' strike out all after tho word Vardi
in the seventh line down to the word fJ
prieve,' inclusive."
Sections 7, 8 and 9 were adopted wi ho
debate.
Mr. Graham, of Orange, moved to siriV,
out the whole of section jOth, giving t!
Governor power to nominate and, with tlit
concurrence of the Senate, appoiut ccrtaia
officers.
Mr. Ilodnett concurred with Mr. G., and
said trial the section completely overturned
the time-honored aud established custom
of Isorth Carolina. K was opposed t0
allowing to s-jsm.ill a body such complete
sway. The people w(Jiild not be reo e.
sented only the Governor and -his party.
The whole thing would just amenmt to V
party machine and he would oppos mi
being incorporated into a C nstitutioa te lle
had anything to do with.
Mr. Graham's motion to strikG ont .,
then put to a vote and lost.
The section as reported by tho Com : -.
tee was then adopted.
Mr. Graham opposed the change n .
by section 14 in the Governor's Cone
He thought the present sstem the 1 -
xAft ifiri R.t-1i ta-. j . rr1 U'ilint .Ink
The members of the Couuc1 were elc
by the Legislature, and in some mea
t :i
think that a set of men who were co:
ually under the same roof and around un
uovernor snouiu constitute his soh
visers. He moved to strike out the
five lines.
ii.xl
Mr. Graham's amendment was put to
vote and lost. .
The section stood as it was adopted.
" No person shall be eligible as Govern
or or Aaeiuenanr, Governor unless he si. ad
have attained thirty years of aire-, st all
have been a citizen of the United States'
for fivo years, and have been a resident of
this State for two vears next before tt-. . !
aaj ot election, nor snail the person elect
ed to cither ol these twoollijes bo cligihi0
to me same omee more than four vears. ia
any term of six years, unless tiio otJi.-0
shall have been ea.it upon hi'rt a Lieut.
Governor or President of the Senate."
Ar. Rodmau moved to reconsider the
vote upon th first section. Carr"..,f
Mr. !. offered an amen Imcut but wit'i.
drew ji, as Mr. Tomg.-e'a amendment i,f
yesterday covered t:to same ground.
Mr. loiirgee tu-'Ved to an.cnd hii ameii!
metn, ot jcstcriiay. ly striking out
woru "rai mention, aid insert thw
approval, , and t . strike out the
"3D," and insert "10."
mi. ....... i . . .
use aineiui'iieiit ws agreed-to, al
section, an ameudo.l, was theti ad.ui
The report of the Committee on ty
tia was next ta'.c;! in i;r considJ
and after some time spent i:i an'iJ
and (Incu.isinini, sections 1 aud
adopted in lorm iVUowing :
o:.e. i. .-n ame-i) nlieii male cit;J
tne State of North Carolina, hetwiJ
ages of 21 and 4:) years, who are cit:
the Lmted States, shall be liable t ,
tha militia : t'm-ided. that all Deis,,!
may ce am eta-: u, iKMri.-ig arms fro!
nMoiH scruple-;, shall b exein;:.
!:o. Tne General A4s-;ai)!v shal
viae lor tin orgnniz.uir, arniinz. cuiii'l
aim u scipune o; t;so m-iiitia, ana tor
ing inc same, wjica calied mio acuvo
vice.
SfXTKKNTIl DAY.
Mr Kiel) a resolution that the CY
mittee on Governor, &o., consider an
report the propriety of uivi'it' the G
eni'ir the -t- jiowcr! Lies over.
Mr. lourirec a resolution th.-it tl.
Committee provided for bv Hoods
(negro,) resolution be instructed to pe
tition Congress to relieve, the disabili
ties of persons who were not in accord
.:.. .1. . ..
uiu me 1 ecuis.su uCl'i'J.'J aCtri. t'Ut Wl
wer good f.'nion men during the wn.
Mr. T. m ve i to Mupead th rale--, an I
puts the resolution on its parage. A
"reed to.
Mr. Durham moved to nmenJ. bv
striking out all after tho word 'in
structed." and iim-crt the fidhnvino :
to ascertain and report the names "of
all citizens of th-.; State, who arc af
franchised Ly tho jteeonstructL-n acts
of Congress, that this Convention ma
recommend the same to Congress for a
removal oi'thcir poliiical disabilities.
Mr. Durham sui 1 that he offered thin
amendment i good filth, and was de
termined that members (should f.i.
themselves upon record. It was th
3ame, substantially, that he offered yes
terday, to the resolution which passul
this body. Tho euSorcemcut of tiio
previous qui stion, by the majority,
prevented its consideration then, and
he saw, aire tjy. that members on the
other side were j.r. pared to dodge the
inie to-day. The ct j ;ct of this whole
move was very plain. It was simply
to remove pel-tic il disabilities iVom
these who support the U-pubiiein par
ty. This was the te.-t of loyalty.
3 f (i-aid Mr. D .) submi-ii ou 10 party
di'.tatiou and a craven willingness t
rivet upon my people the unconstitu
tional and tyiaiiii'e.d nuasurcs ot 1 -construction,
now prrpocd, is loyalty,
then Tarn disloyal ; but it ojpis'.tioii
to the attempted proscripfioii und tyr
anny of the majority here, and opposi
tion to the d--'spoliai w ich is being
pressed upon the people of X. C , is
loyalty, the 1 I urn loyal. If it is tho
intention of this Convention to recom
mend the cniraiichisemeiit of all who
support the Republican party, as the
resolution vfhich passed this Lody. yes
terday, proposes, and to exclude tiom
the elective franchise, and all other
rights of citizenship, all who oppose
their party, let it te said frankly, that
the people may understand your action.
But the intclligei.ee of the wl.i e peo
ple, North aud South, will cro-i-'Uiu tho
infamy of such a policy, ano the au
thors of such an infamou:. -aid con-
temntible course will be k o cmbcrecL
only in thescoru and indig
civilized world.
Galloway, (negro,") r.v -ameudment
011 the table.
. ion of tht
: o lay rho
.;eh would,
the tvholo
have the effect of
r.-i!
.ibiiu-
subject.)
"Here every
lK'd',
t-.-iiited to say
somethiug; and for
m i-ient or two, a
scene of confusion .'a
Mr. Graham, of Or;
i.-j-j
e, called for tlie
i -1
yeas and nays.
Galloway ncgr
motion.
At this stage 0
way, rnegro. r-o
report of proce-''
ian, iu which ii
i mco withdrew tho
proceedings, Gallo
,ii extract from tho
u-, in the Carotin
lis, of Wafce, ne
uiggcr." Ho said
a resolution had protect
them from i. y'ad r lt wa Qot
forced by
gave notici
jiug me reporter, he
. .' sonld seek redress else
where. , , , N . ,
Harris of ake (necro0 8aid tnat
he had had iotercoorso with a large
number of respectable and lutelligent
white entleiuea of this State; they
never bad indulged m such langUae.
The prop11' eauing of the word "nig.
mr,"V 1 " H dir(y fellow;" amf
if the epithet had an application, it
should be applied to the editora of (hifc
p,per. If die piper had a Mf orter cV"
tdge, Graham of Crangtg Grant, eiL-V.L
tho United ampton, H.re. llodueti, Hlf. LLMmT,7i.
. took an oath : Cubbing Merritt. Nicholson. ParkerVvi , W
. aud after- I Touriree. an:! Williams. tf Simnsnn' '
I J - ' - - - - i
r