Newspaper Page Text
WEDNESDAY, FEBRUARY 12, 1868.
TIIE REBEL POff-WOW IS B1LF.ICH.
Thi Ilebel Convention which has just
been I.eKI in this City, was a very poor
: .-.ri7 vcsiieci. ouuiv; v vuuu-
tics out oi me oa 111 "'" " vl vr
Tliere was no enthusiasm. The feel
ins; that prevailed was that of haired
to'the government, to the Republicans,
and especially to the colored people.
Governors Graham and Vance, and
Weldoii N. Edwards were among the
most conspicuous. The two former
renegaded from the Union canse in
1804; and the latter was in the begin
ning,ashe is nov,an incorrigible traitor.
In February, 18Gl,the people of this
State voted bv 30,000 majority against
disunion. But Mr. Edwards was so
bent on disunion and civil war, and
had so little respect for the popular
will, that in March succeeding he pre
sided over a Convention held in Golds-
Lorough, the object ot which was to in
j augurate by force a revolution, at the
' town of Charlotte, on the 4th day of
Jnlv 1861. We denounced this move
ment -it the time as wicked and trea
sonable. Mr. Edwards was a conspira
tor then against the Union, as he is
now. The band of conspirators with
whom he met in Tucker Hall arc no
better in any respect than was the
Mr. Edwards is an old man. We are
not assailing him, but simply alluding
to him as the representative ot his class.
He was very humble in 1865, when he
thought he would bse his lands and
considered his life in danger.
We leant that these desperate " rab
ble-rousers" and melancholy sealiwags
had a hi'di time over it about their
name. We presume they finally con
cluded to call themselves Constitutional-Union-Conservative-Democratic-Whigs.
That is what they are. They
are fishing with five hooks to their line.
Mr. Graham made a speech, in which
he said that he did not want any col
ored man to vote. He took ground
against colored suffrage, qualification
or no qualification. Let this be known
every where. Gov. Graham, speaking
for the Rebel Convention, says his par
ty does not want any colored votes.
We may find space in future issues to
refer more at length to the doings of
this Rebel Conclave.
BELIEF FOS THE PEOPLE !
The Rebel Convention recently in
session in this City passed the follow
ing among other resolutions :
" Rewired, That the distressed and im
poverished condition of our people earnestly
demands the speediest and wisest measures
ot relief that the Legislature can devise."
If the peopb are distressed and im
poverished as they certainly are it is
the result of the conduct of these very
men. They plunged the people in war,
and held them in it to the last moment,
causing the destruction of many mill
ions of property and the loss of hun
dreds of thousands of livves. When
the end came these men professed to
submit ; but, though the clash of arms
ceased, they continued as rebellious in
their conduct as ever. By preventing
reconsi ruction np to the present moment
they have added immensely to the dis
tress among the people. They are re
sponsible from first to last for all the
distresses now among the people of
North-Carolina. They profess to sym
pathize with the people in these dis
tresses, and what relief do they pro
pose ? Why, that the Rebel " Legis
lature" shall grant relief! They want
" tiie Legislature" to assemble and de
vise some plan for relief!
The people have asked for bread, and
they have given them a stone ; they
have asked for a fish, and they have of
fered them a serpent.
This is wicked mockery. These
Rebel leaders know that the Rebel
Legislature will never assemble any
more, and yet they point the people to
" the Legislature" of relief.
Let tiie people know these things.
When any one asks what the so-called
Conservative party proposes to do for
the relief of the people, let the peo
ple know that they are mocked by be
ing pointed to a dead Legislature.
Gov. Vance scourged this people
with bayonets at his back. Eveu if
the revulsion " should come, he and
his friends would fiud it impossible to
scourge them again, with the bayonets
at their back. " Bottom rail is on top,"
Governor. The Republicans will tie
you so tight that you won't be able
hereafter to hurt either them or your
self. The "dragon" of secession
" that old serpent, -which is the Devil,"
has been chained, and " will go out no
more" to deceive and scourge the peo
ple. No more offices for your set, Gov
ernor) Let them go to work. There
are millions of rail cuts in this State
that need splitting. What the St-jte
needs now is hard labor. Let all the
great big lazy secessionists go to work;
and let the people alone about office,
and thus by hard work make an honest
living. By thus retrieving their own
fortunes they will ;it the same time aid
in building up the country they have
We understand that the traitor Vance,
in his speech Thursday in Tucker Hall,
said among other things that when his
party should get control of this State
the condition of the Republicans here
would be worse than the inhabitants of
Sodom and Gomorrah! When will
you get this control, Governor ? Never !
Forewarned, forearmed. Let the Re
publicans hear this threat, and act ac
He said also that he was willing to
"fight and die" for the white men of
North-Carolina. Very well, why is he
so long about it ? If lie wants to fight,
the Republicans are ready for him.
They can dispatch traitors like him as
well now as hereafter. Tliey will do it,
if necessary. If these traitors will
have a " war of races," on their heads
be all the blood that may be shed.
They met in Raleigh to promote this
war. Let them begin it, if they dare!
Why did not this man , fight when he
was Governor? Instead of fighting,
he ran like a turkey before Sherman's
army. There is no light of any kind
in such men. ;
ile also said that the! State govern
ment was about to he turned over to
the Holdens and Harrises. Holden,
through his influence with President
Johnson, had this man Vance released
from prison in Washington, in July,
1865. If he had had justice at that
time he wonld have been hanged for his
crimes. In lb64, when he wanted to
get from Rntherfordton to Henderson
ville in his campaign for Governor, be
called on Col. C. L. Harris to guard
him, fearing as he did that some of the
deserters would shoot him while on the
way. Col. Harris did so, and tlfis saved
his life, and Gov. Vance afterwards
showed his gratitude by bragging that
he knew he was safe in Harris's hands,
for the deserters would not fire on him
while he was under the conduct of their
friend. He did this to expose Col.
Harris to the vengeance of Confeder
ate guerrillas, or with the hope that it
might lead to his arrest and imprison
ment in some Confederate bastile.
Poor Vance ! he is played out. He
promised to " fight upon the ice," but
he can't find the pond.
W. F. Henderson, Esq.
We take pleasure in publishing the
following letter, which will explain
TuoMAsvru.E, N. C, Jan. 29, 18G8. -Editors
of the Standard :
In the columns of the w Sentinel" of Sept.
30th, 1807, appeared a communication over
my signature in which reference was made
to Win. P. Henderson, " Agent of the Freed
men's Bureau," having filed the "iron clad
oath" with exception, etc., and that at the
time I doubted the correctness of this state
ment, as also the legality of the tranaction.
I now desire to state that I have given
the matter above referred to, tltoronglt exami
nation, and find that the exceptions therein
specified were acceptable, and considered
perfectly legal on the part of the United
States Government, and that as far as Mr.
Henderson is concerned in the transaction,
the forethought manifested by him in filing
those exceptions were timely and honorable,
and, in my opinion, are worthy of commen
dation, rather than disapprobation.
I make this correction in justice to Col.
Henderson, as I am averse to doing injustice
to any individual.
I have the honor to be,
Your obdt servant,
JOHN T. CRAMER.
Also, the following from a late num
ber of the Sentinel, which does justice
to Col. Henderson in relation to a
charge maliciously and falsely made
against him. "Truth is omnipotent,
and public justice certain." No public
man in the State has been more bitterly
assailed than Col. Henderson. Con
scious of his integrity, he has borne
these assaults like a man, and instead
of having injured him they have but
endeared him the more to his Repub
W. F. Henderson op Davidson. Some
time in the month of October last, we stated
in the Sentinel, as an item of news, furnish-,
ed us by a responsible gentleman who had
been in attendance at the Superior Court of
Davidson County, that, during the term,
W. F. Henderson, of that County, had been
indicted, by the Grand Jnry, for stealing a
mule. At that time we had no doubt of
the correctness ot the indictment, and that
the prosecution would be just and proper ;
otherwise, we should not have published the
We now take pleasure in saying, that,
from the facts presented to our considera
tion, on yesterday, by Mr. Henderson, and .
corroborated by D. Loftin. Esq., the former,
if not the present, Sheriff of Davidson, we
believe Mr. Henderson to haie been ma.
liciously and falsely accused in this instance.
It appears that one Henry Dorr, of David-,
son, had a mule stolen from him, by a white
man named Jeremiah Glover, of Rowan, in
1805 or 'BO ; that in 1860 said Giover was
arrested, through the agency of Henderson,
to whose brother he had sold the mule, ; was
indicted ir. Dav.dson Court, and was con
victed in the Superior Court of Fcrsythe,
whither he had removed the case, and was
punished according to law. Henderson al
ledges that this same Dorr, because ot per
sonal spite, was the person who caused his
presentment for the same offence for which
Glover hud been convicted, before the Grand
Jury at the late fall term in Davidson.
The Bankrupt Law of the United
States, with general orders and forms,"
is the title of a book edited by Avery
and Hobbs, of Boston. '
The merit of the book is, that it takes
the statute as it stands and arranges
the notes and., references so as to pre
sent the leading cases under their ap
propriate heads. "
The act is divided into sections ; each
section is preceded by abstracts of the
contents and followed by explanatory
notes and adjudged cases. It is one of
the most convenient books of references
we have seen. r
Published by Little, Brown & Co. -
Proceedings of the Convention.
EEPOETED BY JOS. 'V7. HOLDEN.
. '.'.,- , Tuesday, Feb. 4, 1868.
The Convention assembled in the Com
mons Hall at 11 o'clock, President Cowles ;
in the chair.
Prayer by Rev. Mr. Hudson, of the M. E.
The journal of yesterday was read and ap
proved. A letter from Gen. Canny, in relatien to
per diem and mileage was read, and the fi
nance committee instructed to consider and
Mr. VVelker, a memorial from the citizens
of Guilford county.
Mr. Rodman, from the judiciary commit
tee, mnde-the following report :
Unfavorably to an ordinance in relation
to office-holding, as the legislative commit
tee had the matter in consideration ; same
as to au ordinance in relation to the election
of judges, as the judiciary committee had
the matter under consideration ; same as to
an ordinance in relation to conveyancing,
since the law stands as proposed to be
amended ; and favorably as to the ordinance
in relation to mechanics' lien law the fol
lowing clause being offered to the constitu
tion, to come under the head of miscella
That the General Assembly shall provide
by law that mechanics and laborers shall
have a lien on the subject matter ot their
labor.: .' ' . " .
Also favorably to an ordinance that per
sons from other States 6hall be admitted to
practice in the Courts of North-Carolina,
upon the presentation of a certificate of prac
tice and proof of good moral character, and
the payment of the fees.
A motion was made to adopt, when the
yeas and navs were called, and the ordinance
adopted as follows :
For. Messrs. Abbott, Andrews, Ayaioti,
Barnes, Blume, Bryan. Carey. Cherry, Chill
son, Congleton, Cox, Daniel, Dickey, Duck
worth, Eppes, Fisher, Franklin, French, of
Bladen, French, of Rockingham, Fullings,
Galloway. Garland, Glover, Graham, of
Montgomery, Grant of Wayne. Gully, Gun
ter, Harris, of Franklin, Hay, Hays, of Robe
son, Haves, of Halifax, Heaton, Highsmith,
Hobbs, ' Hoffler, Hollowell, Hood. Hyman,
Ing Jones, of Washington, King, of Lincoln,
King, of Lenoir, Kinney, Laflin. Lee, Mann,
May, Mayo.-McDonald. of Chatham, McDon
ald, of Moore, Moore, Morton, Mul'ican,
Murphy, Nance, Patrick, Parks, Petree, Pe
terson," Ragland, Ray, Read, Renfrow,
Rhodes, Rich, Rodman, Rose, Stilwell, Sweet,
Taylor, Tourgee, Tucker, Turner, Watts,
Welker, Williams, of Wake, Williamson,
AoArN'ST. Candler, Durham, Ellis, Ethe
ridge, Forkner, George, Graham, of Orange,
Grant, of Northampton. Hodnett, Holt, Lo
gan, Marler, McCubbins, Merrit, Nicholson,
Parker. Pool, Sanderlin, Williams, of Samp
son. Yeas 78. Noes 28. .
On motion of Mr. Rodman, the clause re
ported in relation to the mechanic's lien law
Mr. Rodman from the judiciary commit-'
tee, reported unfavorably to the memorial to
charge tne usury laws it being a matter tor
the Legislatuie; also favorably to the ordi
nance divorcing M. A. Hopkins, of Granville
County, lrom her husband and that botli
parties is allowed to marry again.
The question being on its adoption, Mr.
King of Lenoir moved to lay itou the table.
Mr. Jones of Washington, said this was a
case of cruelty and required action.
Mr. Tom-gee was oppoed on principle to
granting divorces by legislation, jiut tins
was a case of hardship aud he would make
Mr. Cox agreed with Mr. Tourgce.
Mr. Grant of Northampton, knew nothing
ot the case and declined voting.
Mr. Hood wished to hear the merits ot the
Mr. Moore knew all about the matter, and
was opposed to tabling the ordinance.
' Mr. Graham, of Orange, desired to have
the merits ot the case explained.
The vote was theu taken as follows :
Foil : Messrs. Abbott, Aydlott, Barnes,
Bradley, Bryan, Carey, Candler Cuillson,
Dickey, Duckworth," Durjiam, Forkner.
French, of Bladen, French, of Chowan, Full
ings, Gahiigan. Garland, George, Grant, ot
Wayne, Hay, Heaton, Hobbs, Hodnett, Uol-
fler, Hollowell, Holt, lug. Jones, ot Caul
well. King, ot Lincoln, King, of Lenoir,
Kinney, Lee, Lennon, Logan, May, Mayo,
Marler. McDonald, ot Moore, JNewsom, r"e
tree. Pool, Rav, Renfrow, Rhodes, Rose,
Stilwell, Sweet, Teague, Tourgce, Trogden,
Tucker. Williams ot hampson.
Aoaikst Messrs. Andrews, Baker, Blume,
Congleton, Cox, Daniel, Dowd. Eppes, Etli
eridge, French, of Rockingham, Galloway,
Glover, Graham, of Montgomery, Graham,
ot Orange, Gunter, Hare, Harris, of Wake,
Harris, of Franklin, Hayes, of Robeson,
Hayes, of Halifax, Highsmith, Hood, Hy
man, Jones, of Washington, McCubbins,
Merritt, McDonald, of Chatham, Moore,
Morton, Nance, Nicholson, Patrick, Parker,
Parks, Peterson, Pierson, Ragland, Read,
Rich, Rodman, Sanderlin, Tavlor, Turner,
Watts, Welker, Williams, of Wake, Wil-
liains.m. Yeas 51. Nays 49.
Laid on the table.
Mr. Forkner moved to reconsider the vote
on tiie VV. C. & R. R. Co. ordinance.
Mr. French, of Bladen, moved to lay the
motion on the table, wheu
The yeas and nays were called for by Mr.
league, anu tiie vote stood as tollows:
Fob Messrs. Abbott, Andrews, Aydlott,
Baker, limine, Uryan, Carey. Carter, Cherry,
Chillson, Daniel, Dickey, Dowd, Durham,
Ellis, Eppes, Etheridge, Fisher, French, of
Bladen, French, ot Rockingham, Fullings,
Galiowav, Graham, of Orange, Grant, of
Wayne, Gunter, Harris, ot Wake. Hayes, of
liobcson, Hayes, ot Hallux, Highsmith,
Hobbs. Hoffler, Hollowell, Holt. Hood. Hy
man, lug, Jones, of Caldwell, King, ot Lin
coln, Kinney, Laflin. Lee. Lcgg, Lennon, Lo
gan, Long, Mann, Marler, Met ubbins, Mer
ritt, McDonald, of Chatham, McDonald, of
Moore, Mullican, Murphy, Nance, Newsom,
Patrick, Parks. Ragland. Ray, Rhodes, Rich,
Rose, Stillwcll, Tucker, Watts, Williams, of
, Hampson, ani Williamson 67.
Against Messrs. Barnes, Bradley. Cand
ler, Congleton, Cox, Duckworth, Forkner,
Gahugun, Garland, George, Glover, Graham,
I of Montgomery, . Grant, of Northampton,
i Onlly, Hare, Heaton, Hodnett, Jones, of
Washington, King, of Lenoir, Moore, Nich-
J olson, Parker, Petree, Peterson, Pierson.Pool,
Read, Rentrow, Rodman, Sanderlin. Sweet,
Tavlor, Teague, Tourgce. Trogden, Turner,
and Williams of Wake 40.
The President announced the following
conmittce, in accordance with a resolution
in relation to removal of disability of those
who are in accord with the reconstruction
acta: Messrs. Nicholson, King, of Lenoir,
Hay, Tourgee, Hood, Forkner, Jones, of
Caldwell, and Gahagan. ; . ..
CALENDAR. i '
Mr. Jones, of Caldwell, an ordinance in
relation to ordinances or resolutions con
templating expenses . besides per diem and
The ordinance was referred to the com
mittee on rules with instructions to report a
rule in accordance with its provisions.
Mr. Welker's ordinance, in relation to dis
tillation of grain, after discussion was re
ferred to the committee of three to confer
with Gen. Canby.
On motion of Mr. Abbott, . the Secretary
was ordered to make out a list of delegates,
and number of miles . traveled by each ; he
staled that the money for mileage was ready.
SPECIAL ORDER. ' .
The ordinance of Mr. -Welker to prohibit
the distillation of grain, from February, '68
to June '09, was read, when -(r ' , . ;
Mr. Congleton. moved to amend that for
second offence the fixtures and still he sold,
and money appropriated to charitable purposes.
Mr. Welker had no objection to the amend
ment. He said the grain of the country waa
rapidly disappearing aud prices advancing.
Men are now begining to manufacture into
whisky the littlo left iu the country. He
placed this ordinance upon the ground, that
such distillation should be stopped to pre
vent suffering, for whisky did not nourish
the weak or the poor.
Mr. Tourgee urged the necessity of the
measure. He said the memorial presented
this morning was signed by citizens of bis
county irrespective of politics. ...
I ne memorial was read, praying tor a pro
hibition two years longer.
Mr. Nicholson said tli u he bad seen a let
ter stating that in Yadkin county, :orn
which had been selling lr 05 cents, previ
ous to t iie order of Gen. Canby, advanced to
$1 per bushel and was rising now. The ar
ticle is growing scarce, and unless something
be done evil will ensue. , ".',"
The amendment was adopted.
"Sir. Hodnett said the necessity of the peo
ple required the adoption of the ordinance.
Mr. Bradley hoped that action would be
taken. The little corn left in Yadkin and
adjoining Counties now sold for $1 and
$1.50 per bushel. Contracts made at 65 cts.
were broken, aid the parties are now pre-
nnrimr tn distill their iTain-
Mr. Marler said tnat w.uen tve lert lartKin,
corn was selling at 85 cts. ami the highest
at $1. It may have gone up, but he did
not know it to be so.
At the suggestion of Mr." Durham, the
date of Feb. (3th was altered, so us to make
the ordinance read, enforced ten days after
the passage, when
Mr. Jones, of Washington, said the State
had little power over this subject, under the
U. o. revenue law, and suggested a reeonsid- '
eration of the amendment, which being
The ordinance was referred to the com
mittee of three to confer with Gen. Caubv.
THE RELIEF ORDINANCE
was taken up, and read, when
Mr. Rodman said that letters had been
constantly received here urging action. The
only questions now, were first, whether the
ordinance would stand Grc. The Constitu
tion of the United States soys no State of
the Union shall puss any law impairing the
obligation of contracts, &c The action
of this Convention then does not at all in
terfere. Upon that point, when Texas en
tered the Union, the Supreme Court admit
ted the validity of law enacted by her be
fore that period, impairing the obligation of
contracts, for there was nothing in the con
stitution of Texas tordidding such a law.
As a State we are not of the Union though
in the Union. As individuals we are bound
by the Constitution, as a State we are not.
Whatever is done here will be law. It should
be wise aud ui . derate to receive the appro
bation of the people.. For that reason, he
could not support the amendment of Mr.
Welker, which stays all process on debts
since the war. The gectlemen from New
Hanover hud not overstated the consequen
ces. He could perceive the propriety ot sus
pending action on debts, prior to May '05,
for the mistortunes which befell the people
were extraordinary and unforscen. But
since that time, misfortunes had come in the
ordinary course of nature. .
What is the nature 'f relief? lie was
surprised at the divergency of opinion.
The delegate from Orange proposes to amend
and re-enact the ordinance of '05. Sub
stantially it was the proposition of the com
mittee except one-tenth wis payable the
first year, and one fifth the next, and une
balf the next, and the balance the next year
This gives lour years, while the committee
proposes ten to be paid iu instalments of
the tenth. At the same time the delegate
says that he desires compromises between
debtor and creditor, while lie gives the hit
ter every inducement not to compromise.
No less time than ten years would compel
Now the delegate from Guilford looks to
a retrospective homestead for relief. He too
placed a great value on the homestead pro
vision of the constitution. But it should be
a provision that was of a secure nature, else
it would give way and afford no relief.
Mr. Tourgee 1 do not object to further re
lief but hold that when the new State's
constitutional relations are perfected, such
measures will fall through. Therefore I de
sire a retrospective homestead.
Mr. Rodman the gentleman thinks about
the relief ordinance, just as I do concerning
the proposed homestead provision.
He favored a liberal homestead, but feared
that no such law could protect the people.
It would be a snare ana a lure.
Theu here is the bankrupt law. That says
a man shall have $500 and such a homestead
as the law of the State alloned in 1864. Of
course it would not apply to a homestead
granted in 1808. Nor would our Courts re
spet it. Then if the Convention refuse to
pass the ordinance and rely on a homestead
provision, the people will be fatally deceived..
The plan proposed it seemed to him, would
also be universally acceptable. It was not
class legislation it was not repudiation,
but a measure imperiously demanded. He
hoped the Convention would view it as he
Mr. Congleton Does the ordinance oper
ate in behalf of railroads and other corpora
Mr. Rodman yes, sir.
Mr. Graham, of Orange, said admitting
the reconstruction acts to be constitutional
he doubted the power ot this Convention to
pass a stay law. But if distress is so great,
let sonle. measure lie recommended to Gen.
Canby w-ith the request that he enforce it.
Gaston had been quoted as to the power of
the Convention of '35. ' Now Guston held
that the Convention of '35 was restricted,
not by the act of the Legislature, but the
confirmation of that act by the people. And
so iu this instance of the acta of Congress.
If the Convention went out side the letter of
the law, it was a selt-constituted body.
. Gentlemen said this was a State out of the
Union. Now it was a State in the Union,
and could pass no law that any other State
could not pass. The proposition of the
committee plainly ties up the Courts, and
then tliere is a constitutional section follow
ing that they shall have no jurisdiction save
over a tenth of any old debts. This is a
deliberate insult to the people a hard, mer
ciless, grasping proposal. We have heard
creditors called shylocks, &c. but this prop
osition excels their cruelty. It is the priceof
the constitution ; if jou vote for it, you will
be relieved of the paynent of all but a tenth
of your debts annually.' Should such a prop
osition emanate fron the party of great
moral ideas ? Should such a party take ad
vantage of the necesitties of the people
He believed this Convention had too high
a respect for the people to do that after alb
His ordinance conferred all the relief asked
for. ' At Spring tettn,' thti creditor would
pay down one tentl and have until next
Spring term to pay the fifth.1' Or he could
confess judgment aid have until the Fall
term to pny. In all 'suits row pending, the
same course would Save to be pursued, even
when a tenth has been already paid. And
if anv defendant did not wish to confess
i judgment, he could pkt in his pleas and
the suit proceed as M looo no judgment
could then he obtained! until the Fall term.
Besides lie believed thit old debts' ought to
le compromised; Therefore, there' w as a
pro vision that any debtor might pay 50 per
per cent, at anv time and take the naoers.
, Andin every judgement now oat. if. one ,
. tentli Das been paid, it will be credited and
. returned indulged, and at next Spring term
judgement for the tenth only may be taken, r
But the distress of the people comes from I
: the U. S. Court and the bankrupt law. . Let '
os not then go before Congress with a con
stitution with which the, ptcple have l-een ;
bought, and ask that body to sanction it. j.
4 Will this Convention take atl vantage of the ,
necessities ot the people? , I
, By the operation of the bankrupt law, the ;
debtor has $1,250 set apart to him. Doubt- J
less the Judges will sustain the Register in '
this decision. Then, it .appeared to him ;.
clearly the best nolle to adopt his substitute. :
, petition Gen. Canby to intorce it, and to d- :
. bo petition Congress to reduce tiie expenses l
of tiling a petition in bankrupt;.', f he Vir- j
ginia Convention lias sent sucii a petition to j
Congress. (He read it.) i
He took exceptions to tiie exception con- j
tained in the original ordinance It left j
guardians, administrators and others acting j
in a fiduciary capacity upon to perst-cmion.
This worthy class of people could be sued
, while they were not permitted to sue, aud
might be obliged to incur the costs ol de
. fence, as everyone knew that fraud couid
only be proved on them in that way. For
. these reasons, he moved the adoption of his
Mr. McDonald, of Chatham, held that tiie
Convention could do any thing for the peo
pie, which they needed. . In this matter, of
debt, he was not willing to trust to their
leniency. The people demand permanent
relet. The .Convention must regir4. fact,
and if it failed togivo roliet it wouid.'tie tx-.
actly what the opposition wished. .Nortii
Carolina was not a Stale but a tcnitory.
Every tiling here belonged to Congress, ac
cording to the laws of wur. But that waa
not the point, the North-Carolina Conven
tion could pass this stay-law, and it n-.uL do
so. The people could not even pay tuxes.
He desired to makea record in favor of relief.
. Mr. Jones, of Washington, snid the !e':e
gate from Orange was apparently in favor of
relief, vet said that this meuMiro w.is the
price of the constitution. W'.iere is the ne
cessity of such language, if lip is really in
favor of relief? And he too oilers a price in
his ordinance. But he regretted to see fiiis
cast given to the discussion. lie would like
to see the relief proposition put in a practi
cal shape. The ordinance of tlio roinmittsu
was a Jmere shadow. lis exception mentis
that any guardian may he sued but eannot
sue. Is that right in law or common sense ?
Suits are instituted to discover fraud, and
such persons must pav for their defence, but
cannot sue or collect debts. Then is r.t the
protection of the stay-l.iw now in force and
general orders sufficient ? . When the people
see this ordinance in print, what will they
say? Not the poor man or the laborer is
protected. They could get no credit prior to
the war. The great. mass of the voters wiil
not be benefitted. And if the amendment
to stay all debts since the war is passed, all
the money will leave tl:e State.
Mr. Watts do I understand the gentle
man as opposed lo any relief!
Mr. Jones-no, sir, I am for practical
Not one man in twenty-Eve now has the
property exempted by law. V, t':i n, ,
vast majority of the people arc protected,
why this clamor for relief '. It'it w.13 for the
man. who owned the broad acres and owed
honest debts, then put him down against
any such relief. He was done with the ques
Mr. Tourgce said at flic proper time lis
would offer the following atucni'.nitnf :
That no execution or other final process
for any suit commenced except in ee.so of la
borer's wages or fraud, shali J-jsue unii! tlr.i ty
days alter the election; and nliiw having
such process are hereby commanded to sl;,y
proceedings and return to C r.irr.
This would relieve (lie, people, lie S'ii-1.
and exercise no deleterious ii.flni lire as had
beeil alleged concerning h;s colleague's
Mr. Abbott said that personally lie would
like to have this whole matter s f a.-ide, but
claims come in from all quarters, tmd in
Western N. C. suits were in progress which
are creating great distr-ss. lie was .vi.lling
to give the people temporary relief, and al
though he entered on this question reluc
tantly woufd vote for it. At any rale, it' the
matter could be sett lei I, he would vote tor
the ordinance of tha committee and the
amendment of Mr. Tourgee. It may be that
many poor men. who are about to sec their
earnings go under the auctioneer's hammer
and pass away forever, may be given time
and their property eventually saved by
money thus earned anil paid.
Mr. Welker said as the amendment of his
colleague substantially covered the grounds
of his, he would withdraw it. He had not
introduced the amendment to embarrass the
Convention or endanger the coimiitreinl in
terests of the State. He caiied for final ac
tion. Mr. Fullings had heard no proposition fr
the relief of the honest creditor. Anil tliis
Convention proposes to pass laws to keep
otle neighbor from paying another for a debt
due for corn or meat ? Or here is a nr'.n
owning thousands of acres of land he will
not pay the poor mechanic or l.ibor.-r tiie
few dollars honestly earned. Or the rieli
man's son, with cigar and walking c.ne. up
held in his refusal to pay the merchant for
hss clothes. He knew what he said to be
true. Stay-laws and repudiation laws wine
away the mechanic's earnings. He had la
bored and acquired something., and owed
debts which he intended to pay, but these
stay-laws prevented him from collecting
what was due him. The debtor may con
vey his property, and snap his finder in toe
creditor's face. Let the Convention consid
er well before it took this leap.
Mr. Newsom said he was not personally
interested in this matter, but if the delegate
who had just sp:ken had . reprcsenfe 1 his
constituents and not him.-eif, lie would have
spoken otherwise. ' ( :
Mr. King, of Lincoln, said there was a law
of the State invalidating sides of property,
which did not bring three fourths of its
value. Tliere was no ieaou why this stay
law Should pass. It. gave relief to the ras
cal. Init did not assist the honest ian. He
had never heard of any letter calling for re
lief since ho came here. There was the
homestead law, the bankrupt law. General
Cauby's order, and what more, protection
did the people wish ? lie hoped the honest
men of the Convention would vote these stay
Mr. Galloway said he was in favor of re
lief. The people of New Hanover wee in
debt but he had seen no letter from them.
' All he desired for the constitution was that
it should be equal and just in its provisions,
and he did not nsk for a relief provision in
it. The Republican party took no steps
backwards.- But with jusiice am! humanity
as its motto, he would never vote to repudi
ate honest debt. - All debts for slaves since
'C3 and all debts contracted to aiil the rebel
lion might go and should go forever, but
lus right arm wonld forget, its cunning and
his tongue cleave to the rof of his mouth,
before he would deprive any man of honest
living.' He hail heard no cry for that from
the poor white man or the colored man. In
New Hanover a widow and her children
would tie beggared by repntii.if ion. He could
,'. never vote for it. Give the people time and
it is all they , ask But let 1 ids Convention
frame its constitution. " The colored man
has all to lose or nil to gain. ' Give him
. equal rights and relieve the poor. Ile stood
forth to the world as a non-ivpUdeitor. Let
"the rich man place his lands IVthe mark-it,' '
and he would find purchasers. Relieve tau
poor, adopt the Constitution and do ,not
stand here all the day Idle.
Mis. Hood said he thought the matter bet
ter be postponed until the hoinstead was
Mr. Rodman said that any homestead pro
vision of the constitution, be was satisfied,
could be only prospective in its nature and
afford no relief.
Tba position of Mr. Graham, of Orange,
waa inconsistent. He said that stay laws
were unconstitutional, but proposed to pe
tition Gen. Canby to enforce his ordinance.
Mr. Graham, of Orange, said the ordi
nance might be held constitutional as it
only affected the remedy.
Mr. Rodman said the constitution bound
Gen. Canby as much as it did any individual
here. The first touch of the legal spear
would dissolve the ordinance of the delegate, '
when the State entered the Union. It would
.be no relief at all. The delegate said he fa
vored, compromises. So did he. He was in
favor of lessening fees iu bankruptcy. So
was he. Yet while the delegate favored
compromises, he offered every inducement
to debtors not to compromise for ho law
could reach that object that ran less than
The exception in the ordinance is intend
ed to apply only to cases of fraud. It was
certainly just. If notes were uncollectable,
no court would require the guardian or ad
ministrator to make them goo' m If money
had been collected and spent Vlier fraud
practiced, the exception proi. the weak
and punished the guilty. y4
Now the delegate from Change hud said
the proposition to insert a provision in
iho (xjnstitution to pay a Wnth annually,'
f an insult to the people, and a bribe.,
He did not consider it an ' insult, but fa
vored every inducement to the people
that was just, being inserted in the Constitu
tion. Equal rights, public education, inter
nal improvement, a good executive and an
honest judiciary and relief were inducen ents
to the people. He trusted they would 1)6
inserted. But he held that the people need
ed no bribe to induce them to vote for this
constitution. The last election refuted
such a charge.
Mr. R. called for the previous question,
but withdrew when
Mr. Fullings repeated that he desired
some law doing justice to all. He was not
opposed to relief, but ho desired to sec an
Oa motion the Convention adjourned.
Notr. In Mr. Ragland's resolution in re
relation to contracts, the consideration of
which was Confederate money, read ''in
valid" for "valid."
Thursday, February 6th, 1868.
The' Convention, assembled at 10 o'clock,
Pres. Cowles in the chair.
Prayer by Rev. H. T. Hudson, M. E.
The journal of yesterday was read and ap
proved. Messrs. Turgee, Moore, Welker and Peter
son offered tiie following protest, which was
entered on tne journals, in relation to the
stay law passed yesterday :
WnisiiicAS, we consider the ordinance, en
titled an ordinance for the relief of the deb
tor, passed by vote of the Convention yester
day,as entirely inadequate to the wants of the
people, invidious and unjust in its distinc
tions between debtors, affording no relief for
the unfortunate debtors whose old debts
have been renewed since 1885, and others
whose present condition is equally deplora
ble and equally the result of the war; and
that it also opens the door to unlimited
fraud, we respectfully protest against this
action of the Convention, and ask that this
protest be spread upon the journal.
Messrs. Ing, Congleton and McDonald, of
Chatham, also appended their names to the
Mr. R iy presented a petition from Eliza
C. Wagner, praying torn divorce. Referred
Mr. Abbott, lrom the finance committee
reported unfavorablyto the resolution to ne
gotiate a loan of $10,000: unfavorablyto an
ordinance in relation to the liabilities of
banks; without recommendation upon a res
olution requesting a loan of three millions
from Congress ; and favorably upon a reso
lution to raise a loan of $500 for contingent
Mr Abliott announced that bills for contin
gent expenses properly avouched, would bo
cashed at the 1st National Bank.
From the finance committee, by Mr. Ab
bott, an ordinance to levy a tax for the ex
penses of the Convention.
He said this ordinance provided for a tax
of l-20th of 1 per cent., on property now
taxed real estate being valued as in I860,
ami personal property as in 1868.
Mr. Tourgee said the ordinance should be
so amended as to include all the personal
property of the State, as well as that now
taxed by State laws. The act of Congress
Mr. Abbott said if property not now tax
ed by the revenue law of the State, was in
cluded, trouble and confusion would ensue.
A new assessment would have to be had.
Mr. Tourgee said lie could not vote for the
ordinance as it stood.
Mr. King, of Lenoir restated the argu
ment of the chairman of the committee, and
Mi.! he hoped the Convention would sus
tain the committee. He called for the yeas
and nays :
Foil-- Abbott. Andrews, Ashley, Aydlott.
Baker, Barnes, Blume, Bradley .Bryan, Carey,
Carter, Candler, Cherry, Chidson. Colgrove,
Congleton, Dickey, Duckworth, Eppes. Eth
eridge, Fisher, Forkner. Franklin, French,
of Bladen, French of Rockingham, French,
of . tiowan, Fullings. Gahagsn. Galloway,
Garland, George, Graham, of Montgomery,
Grant, of Wayne, Grant, of Northampton,
Cfnlly, G.inter," Harris, ot Wake. Harris, of
Franklin, Hayes, of Robeson, Hayes of Hal
ifax. Heaton. Highsmith, Hobbs. noffler.
HolloweliJ Hood, Hyman, Ing, . Jones, of
Caldwell, Jones, of Washington, King, ot
Lincoln, King, ot Lenoir. Kinney, Laflin,
Lee,- Legg, Logan. Longr Mann, May, Mayo,
McCubbins, McDonald, of Chatham,McDoo-.
aid. of Moon-, Morton, Mullican, Murphy,
Nance. Nicholson, Patrick, Parker. Parks,
Petree, Pierson. Pool, Ragland, Ray, Read,
Renfrow, Rhodes, Rich,. Rodman,' Rose,
Smith, Stilwell, Taylor, Teague, Tucker,
Watts, Williams, of Wake, Williamson.
Against. Durham, Ellis, Graham, of
Orange, Holt, Lennon, Merrit, Moore, Pe
terson, Sanderlin. Tourgee, Turner, Welker,
Williams of Sampson.
Mr. Tourgee said that for the reason be
fore stated and because this Convention
could pot make the provisional officers ser
vants of the body, twice since informed it
could not be done, he voted no. : '
Mr. McDonald, of Chatham, asked when
the tax was collectable J
Mr. Abbott When the ordinary taxes are
" The ordinance wns passed yeas 03, nays
Mr. Jones, of Washington, a report from
the committee on corporations other than
municipal, which was ordered to be printed.
Mr. King, of Lenoir, a resolution suspend
ing the lith rule, which was adopted.
Mr. Ragland, a resolution instructing the.
committee to confer with Gen. Canby to ask
him to stay executions on ruinous debts.
' Mr. R. asked for a suspension ot the rules.
Agreed to. .
Mr. Jones, of Washington, said the matter
was settled vesterday. If new e'ebts were
stayed, the laboring men of the Country
would be at tho mercy of harpies and shy-
' locks, of whom so much was said. The mat
ter of relief was decided yesterday.
Mr. McDonald, of Chatham, pressed vote
' on the' resolution. ' He desired tho fullest
relief for the people. There were ten or fif
teen thousand dollars due him. ami fc
pressed no one indeed had voluntarily de.
Btroyed 5 or $300, . -
Mr. Hood said, step by step the repudia
tiomsts were advancing. What wonld come
next, God only knew. He moved to post
pone indefinitely. r
Mr. loin-gee called the yeas and nayi
For: Messnv Baker. Candlur rwi -
6on, Duckworth. Durham. Ellis, Etheridge
v,.n.i. .rtn.j.. w i. s.
i .nu.u wt uiaueu, crencii oi uuowan, Fai
lings, Gahagan, Garland, Graham of On
ange. Grant of Wayne, Grant of Northamp
ton, Hayes of Robeson, Harea of Halifax,
uouneu, xiouowen, noon, Hyman, Jones or
Washington, Lennon, Logan. Long, Marler,
ler, McCubbins, Merritt, Mullican, Murpby,
Nicholson, Parker. Petree. Ray, Ronfrow,
Rhodes, Rose. Sanderlin. Tucker, Waitanu
of Sampson, Williams of Wake AL
against : Messrs. Abbott, Andrews,
Ashley, Aydlott, Barnes. Blump rtrndtm-
Bryan, Carey, Carter, Cherry, Colgrove,
Congleton. Dickey, Eppes. Fisher, Forkner,
Franklin, French of Rockingham, Galloway,
Geoige, Graham of Montgomery, Gnily Gun
ter, Harris ot waKe, Hams of Franklin, '
Henton, Highsmith, Hobbs. Ilofller. Inir.
Jones of Caldwell, King of Lincoln, King of
ueuuir, ajuiiey, naain, iiegg, Mann, May,
Mayo, McDonald of Chatham, McDonald of
Moore, Moore, Morton, Nance, Patrick, Pool,
Ragland, Rich, Rodman, Stilwell, Taylor,
Teague, Tourgce, Turner, WatU, Weiker,
nr iiuamson ou. -
Xf rSrulinin nlOpnni.u nn ! .U
': - - ., . viuuc, omit biicre WUIII
act of the Legislature covering the whole
8ubjecjof the valuation of property told un
der execution. He voted yea. 7
Mr.' Harris, of Wake, said notwithstaml-
ingthe law, property did not bring a tentU
when sold. Ho voted no. '
The motion was lost. ''
The question recurred on the resolution.
Mr. Galloway siid the resolution amount
ed to a request merely. ' '
l lie resolution was adopted,
Mr.. French of Bladen a resolution, which
was wniiarawn 10 ue considered at tne pro
per time to instruct the committee on the.
Governor and other executive officers, to fix
tiie amount ot their salaries.
He said unless the salaries of these officers
were fixed by the Constitution, hereafter
the Legislature might bo antagonistic.
and thus enabled to cripple tho executive
Mr. Heaton a resolution that tho President
be authorized to appoint a standing commit
tee of three, on the revision and arrange
ment of the institution.
The rules were suspended and the resolu
Mr. Turner introduced an ordinance that
no act appropriating money shall be valid
until rutined by the people. Laid over.
Leave of absence was granted to Mr. San
derlin for 5 days; to Mr. Galloway until
Monday ; to Mr. Patrick until Wednesday ;
to Mr. Williamson until Monday; to Mr.
Aydlott until Wednesday; to Mr. Carter,
for 5 days, and to Mr. Peterson, until Mon
day. THE CAJ-KXDER
Waa taken up. and the resolution of Mr.
King, of Lenoir to ameud rule 36, was read
The resolution regulating expenses, by Mr.
Rodman, was read and laid over.
An ordinance, by Jlr. Mollican, declaring
contracts inviolate, &c, was indefinitely
The resolution of Mr. Rich, amendatory of
rule 13, was withdrawn,
A resolution hy Mr. McDonald, of Chat
ham, for relief of debtors, was referred on
motion of Mr. Gunter to the relief commit
tee. The resolution of Mr. Lnflin, in relation
to State bonds outstanding, was laid over
until the 6th section oi the bill of rights was
A resolution by Mr. Read in lavor of two
daily sessions at 10 a. in. and 4 p. m., was
A resolution by Mr. Parker on the same
subject, was tallied.
A resolution by Mr. Ellis, in relation to
the unconstitutionality ot the reconsti uction
Air. Ellis addressed the Convention at
gome length. Published hereafter.
The resolutions were tabled.
" The report of the Executive Committee on
the first article of the Constitution,, was then
The question recurred on the motioa to
amend section 1, by striking out two and
inserting three years, Mr. Jones, of Wash
ington having the floor.
Mr. Jones, of Wash., moved to amend by
striking out three and iuserting four.
Mr. Laflin seconded.
Mr. Jones said that he respected long con
tinued customs as much as any one, but a
change that was an advantage should be
made, lie did not believe that frequent
elections always promoted the stability of
republican government, because of the fierce
ness of party wrath. At least the Superin
tendent of Public Instruction should hold
over four years, that he might be able to ac
complish something sulstantial. Experi
ence had taught us that officers for a short
term began to electioneer for re-election, and
thus neglected their duties. The publio
interest was neglected. Besides, the Re
publican party needed such a 'term of yearn
to establish itself firmly. It was not too
long for the great work of organizing new
ideas and to give the people time to consid
er and to approve. A party is being organ
ized inimical to this great party, and it be
hooved the members of it to decide wisely,
for the future perhaps depended upon their
action to day. .
Mr. Jones, of Caldwell, hoped the amend
ment would be voted down. Ho favored
the clause as reorted, and believed it would
he acceptable to the poople. It was ft wise
On the amendment of the delegate from
, ' Mr. Forkner called the yeas and nays at
For. Messrs. Andrew. Ashley, Blame,
Bryan, Carey, Carter, Cherry, Chillson, Col
grove. Congleton, Dickey, Duckworth,
Eppes, Etheridge, Fisher, Franklin, French,
of Bladen, French, of Rockingham, French,
of Chowan. Fullings, Gabaean. Galloway,
Garland, Graham, of Montgomery. Grat,
of Northampton, Gully, Harris, of Wake,
Harris, of Franklin. Hayes, of Robeson,
Hayes, of Halifax, Heaton, Higbsuaitk..Hood,
Hyman, Ing, Jones, of Washington, Kianey,
Laflin, Lee, Legg, Logan, Mann, May,
Mayo, Moore, Murphy. Kance, Nicholson,
Patrick, Parker, Pnrks, Pierson, Pool, Rag
land. Renfrow. Rhodes, Rodman,, Bom,
Sweet, Taylor. Tourgee, Williamson. :
AoArssT Messrs. Aydlott, Barnes, Brad
ley, Cox. Ellis, Forkner, George, Graham,
of Orange, Gunter, Hobbs. Hodnett. Hoffler,
Hollowell, Jones, of Caldwell,' King, of
Lenoir, Long, Marler, MeCuNiins, Merritt,
McDonald of Chatham, McDonald, of Moore,
Morton, Mullican, - Newsom. Petree, Ray,
Read, Sanderlin. Smith, Stilwell, Teagna,
Trogden, Tucker, Turner, Welker, William,
of Sampson, Williams of Wake. ;
Ayes 03. Naya 38. . ,'.
. The amendment was agreed to, verbally
altered and adopted. . r
The 2d section was read and adopted, .
The 8d section was read and .
Mr. Tourgee moved to strikeout " exe
cute " nd insert perform." Agreed to.
The section was adopted. -
' The 4th section was read, and '
, On motion of Mr. Forkner, amended so u
to require the Governor to swear to support
the Constitution ami late of the -United
Statesand 8tate. . .. .
He said that now--days, officials m4 a