y> ■ » ?
> •
■ P
*
(■ .
'
' %
'
1
r; i
• j
' ' J
s I
|| ' ■' >?A
Legv sla i«re o£. J ©y ilfctOata. line
,i 0 (J 11, if 4 L 8
N $ THE
!*■
lit
EXTRA SESSIONS
1863-'64-.
bms:
■«>*w iiiwf iw VW ?
'
fc ;MM
EMORY UNIVERSITY
LIBRARY
Purchased from the
funds of
The Lewis XL Beck Foundation
JOURNAL
OF
THE SENATE
OF THE
GENERAL ASSEMBLY
OF THE
STATE OE NORTH-CAROLINA,
AT ITS
EXTRA SESSION, 1863.
RALEIGH:
W. W. HOLDEN, PRINTER TO THE STATE.
1863..
SENATE JOURNAL, 1863
EXTRA SESSION.
At an extra session of the General Assembly, convened
pursuant to the Proclamation of His Excellency, the Gov¬
ernor, begun and held in the city of Raleigh, on Tuesday the
thirtieth day of June, A. D., one thousand eight hundred and
sixty-three, the following members of the Senate were pre¬
sent, and answered to the call of the roll, to wit: Mr. Speak¬
er, Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagler, Blount, Dickson, Dickerson, Faison, Graham, Hall,
Jarratt, Lassiter, Murrill, Heal, Outlaw, Patton, Patrick,
Howell, Ramsay, Simpson, Taylor of Chatham, "Warren, Wig¬
gins, Wooley, Wright, Young.
A quorum being present, on motion of Mr. Graham, a mes¬
sage was sent to the House of Commons, that the Senate
was duly organized apd ready to proceed with the public
business.
Benjamin Aycock, Senator elect, in place of Wm. K. Lane,
resigned, from the 22d District, and Thomas J. Pitchford,
Senator elect, in place of E. D. Drake, deceased, from the
27th District, severally appeared, presented certificates of
election, and qualified according to law. 1
A message was received from the House of Commons, that
they are duly organized, and ready to proceed with business?
and they propose to the Senate that a joint select committee
of two on the part of each House be appointed to wait on
His Excellency the Governor, and inform him that the Gen¬
eral Assembly is duly organized and ready to receive any
communication which he may have to make.
The Senate agreed to the message, and the Speaker an-
4.
SENATE JOURNAL.
[Session
nounced Messrs. Lassiter and Young as tlie Senate branch of
the committee.
Another message from the House was received, that they
propose to suspend, during the session, the resolution entitled,
" A Resolution in relation to the Bills of the session of the
Legislature," ratified December 20, 18fi2, and the Senate
agreed thereto.
Mr. Lassiter, from the joint select oommittee to wait on
His Excellency the Governor, reported that the committer
had waited on his Excellency, and he would communicate
with the General Assembly forthwith.
On motion of Mr. Lassiter, a message was sent to the House
that the Senate proposes to go with them into joint secret
session to-morrow at 12 M., in order to recent any commu¬
nication which His Excellency the Governor might have to
make in such session ; and a message from the House was
received, that they agree thereto.
A message from the House of Commons was received, that
they transmit the message of His Excellency the Governor
and accompanying documents, to wit: Treasurer's Report,
Communications from the Treasurer of Georgia, Secretary of
.the Treasury of the Confederate States, they propose that the
same be printed ; and further, that a joiflt select committee
of five on the part of the House, and three on the part of the
Senate, to whom should be referred so much of his Excellen¬
cy's message as relates to the currency, be appointed.
The Senate agreed to the foregoing meseage, and the
Speaker announced, as the committee proposed to be raised,
on the part of the Senate, Messrs. Graham, Wright and Wig¬
gins.
Also, a message from the House was received, that they
propose to raise a joint select committee of five on their part
^nd three on the part of the Senate, to whom should be re¬
ferred so much of his Excellency's message as relates to the
Militia, to which the Senate agreed. The Speaker announced
as the Senate branch of said committee, Messrs. Young, Out¬
law and Pitchford.
1863.]
SENATE JOURNAL.
5
On motion of Mr. Outlaw, the Senate adjourned until to¬
morrow morning, 11 o'clock.
WEDNESDAY, July 1, 1863.
Proyer by Rev. M. Hardie.
A message was received from the House of Commons, that
Messrs. McAden, Shepherd, Robbins, Person and Perkins,
constitute the House branch of the joint select committee on
the Governor's Message, so far as it relates to the subject of
currency ; and Messrs. Sherwood, Grissom, McKay, Russel
of Brunswick, and Allison, constitute their branch of the
joint select committee on said message so far as it relates
to the Militia; that they invite the Senate to meet at
12 M., in joint secret session, in the Commons Hall, in or¬
der to receive any communication which his Excellency the
Governor may have to make, and propose to raise a joint se¬
lect committee of two on the part of each House to wait Qn
his Excellency to this end'; and, that should the Senate agree
thereto, they appoint Messrs. Shepherd and Shober, said com¬
mittee on their part.
The Senate agreed to the foregoing message, and the
Speaker announced Messrs. Brown and Ramsay, as the Sen¬
ate branch of said committee,
Mr. Brown, in behalf of the committee, reported that they
had waited on his Excellency the Governor, and he would be
happy to meet the two Houses at 12 M.
, The hour of 12 having arrived, the Senate, with his Excel¬
lency the Governor, proceeded to the Commons Hall.
On the return of the Senate to their chamber, Mr. Aren-
dell moved that a message be sent to the House of Commons,
that a joint select committee of three on the part of the
Senate, and five on the part of the House, to whom should be
referred the verbal message of the Governor, be receiyed,
which motion was agreed to.
6
SENATE JOURNAL.
[Session
On motion of Mr. Pitchford, the Senate went into secret
session.
The Senate having resumed the consideration of business
in open session, a message was received from the House of
Commons that thej had laid on the table the proposition of
the Senate to raise a joint select committee on the verbal
message of the Governor, when, on motion of Mr. Ramsay, a
message received in secret session from the House of Com¬
mons, that there be raised, a joint select committee of five on
the part of the Senate to whom should be referred so much
of his Excellency's the Governor's verbal message as referred
to the obtaining supplies for our soldiers and the European
loan, was takhn from the table, and the same was agreed to,
and the Speaker announced Messrs. Arendell, Ramsay and
Warren, as the Senate branch of the committee.
On motion of Mr. Young, the Senate adjourned until to¬
morrow morning, 11 o'clock.
THURSDAY, July 2, 1863.
Mr. Murrill introduced a bill, entitled "A bill to punish
aiders and abettors of deserterswhich was read first time,
when he moved to refer the same to the joint standing com¬
mittee on Military Affairs.
Mr. Smith of Macon, moved to amend by striking out joint
standing committee on Military Affairs, and inserting joint
select committee on the Governor's verbal message, so far as
it relates to the Militia; which latter motion was agreed to,
and the bill was so referred.
A message from the House of Commons was received, that
they propose to raise a joint select committee of five on their
part, and three on the part of the Senate, to take into con¬
sideration what legislation, if any, may be necessary in rela¬
tion to the harboring of deserters ; which was agreed to.
The Speaker announced Messrs. Lassiter, Leitch and Ram¬
say as the Senate branch of the committee, when,
1863.] SENATE JOURNAL.
7
On motion of Mr. Smith ofMacon, the vote by which was
referred to the joint select committee on so much of the Gov¬
ernor's message as relates to militia, the bill to punish aiders
and abettors of deserters was reconsidered, and said bill was
referred, on his motion, to the joint select. committee on the
Governor's verbal message, so far as it relates to deserters.
Mr. "Warren introduced bills entitled "A bill to enable
refugees and others to vote for members of Congress," and
"A bill to amend an act entitled an act in relation to the
supply of saltwhich were read first time.
Mr. Adams of Guilford, introduced a bill entitled " A bill
to incorporate the Gibson Hill Mining Companywhich was
read first time, and referred, on his motion, to the committee
on Corporations.
A message was received from the House, that Messrs.
Amis, Peebles, Waddell, George and Benbury are the House
branch of the joint select committee on the Governor's ver¬
bal message, so far a3 it 'relates to deserters, and that they
transmit a message of his Excellency the Governor and ac-'
companying document, to wit: the report of the' Literary
Board, and propose that the same be printed; which propo¬
sition was agreed to.
The message and report were also referred, on motion of
Mr. Ramsay, to the Committee on Education and Lite¬
rary Fund.
The Speaker announced Mr. Jones as a member of said
committee in place of Mr. Russ, resigned.
A message was received from the House, that Messrs. Gen¬
try, Bynum, Alford, Gaskins and Barringer constitute their
branch of the joint committee on Enrolled Bills, and the
Speaker announced Messrs. Faison, Simpson and Smith of
Anson, as the Senate branch of said committee.
Mr. Taylor of Chatham, moved to take a recess until three
o'clock, P. M.; which was not agreed to.
A message was received from the House, that they trans¬
mit certain engrossed bills, entitled to wit: " A bill concern¬
ing fees of the Public Register in the county of Mecklen-
8
SENATE JOURNAL.
[Session
burg," and "A bill to authorize R. G. Tattle, late Sheriff of
Caldwell county, to collect arrears of taxes."
The bill concerning fees of the Public Register, in the
county of Mecklenburg, was read first time, when, on mo¬
tion of Mr. Young, the rules were suspended, and the same
was read a second and third times and passed.
The bill to authorize R. G. Tuttle, late Sheriff of Cald¬
well county, to collect arrears of taxes, was read first time,
when the rules were suspended on motion of Mr. Taylor of
Chatham, and the same was read a second time and passed.
Said bill was read a third time, and, on the question of its
passage, Mr. Lindsay asked for the yeas and nays, and one-
fifth agreeing:
Those who voted in the affirmative, are,
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Aycock, Brown, Carroway, Dickson, Faison, Graham, Jar-
ratt, Lassiter, Leitch, Matthews, Neal, Outlaw, Patton, Ram¬
say, Simpson, Smith of Anson, Smith of Macon, Smith of
Stanly, Taylor of Chatham, Taylor of Nash, Whitford,
Wooley, "Wright and Young—27.
Those who voted in the negative are,
Messrs. Holeman, Lindsay, Pitchford, Sanders, Slaughter
and Wiggins—6.
So the bill passed.
A message was received from the House of Commons, that
they transmit a report of the joint select committee on so
much of the Governor's message as relates to currency, and
propose to print the same. The message was agreed to.
On motion of Mr. Wiggins, the Senate took a recess until
4 o'clock, P. M.
Afternoon Session—Four O'clock, P. M.
A message was received from the House, that they trans¬
mit for the action of the Senate, engrossed bill entitled "A
bill in relation to the payment of taxes, and to authorize the
1863.]
SENATE JOURNAL.
9
Public Treasurer and other officers of the State to fund cer¬
tain issues of the Confederate Treasury notes in seven per
cent, bonds of the government.
Said bill was read first time, when, on motion of Mr. Gra¬
ham, the, rules were suspended, and the same was read a
second time. It was amended on several motions* of Mr.
Graham, as follows, to wit: by inserting in sec. 6, line 1, after
the words "Public Treasurer," the words "and fiscal agents
and Chairman of the Board of Superintendents of Common
Schools aforesaid of the several counties," the words " to pay
out to parties willing to receive them, or;" after the word
"allowed" in same line and section, the word "there" in
lieu of word " his" in line 5th of same section, and word
" they " in lieu of word " he " in 3d line; and also by insert¬
ing in section 5, line 2, before the words "Superintendents of
Common Schools " the words " every Chairman of the Board
of," striking out the word " all" in the same line; and fur¬
ther, by striking out in sec. 6, last line, the words "to the
use of the State," and inserting the words " in payments from
their several offices."
Mr. Murrill moved to amend,- by adding to section 6 this
proviso: "Provided the Treasurer or fiscal agents shall no"t
pay out said bonds at par, if they shall be worth a premium
in the market." It was not agreed to; and the bill as
amended passed, and was read a third time.
Mr. Young moved to amend sec. 2, by striking out in last
line the words " on § per cent" and'inserting the words "one-
half of onQper cent.;'' which was not agreed to.
The bill passed its third reading.
On motion of Mr. Graham, Senate rule No. 16 was sus¬
pended.
Mr. Graham introduced resolutions in relation to the ad¬
journment of the General Assembly; which were read.
And on motion of Mr. Ramsay, the Senate adjourned until
to-morrow morning 10 o'clock.
10
SENATE JOURNAL.
[Session
FRIDAY, July, 3, 1863.
Mr. Smith of Macon, introduced resolutions concerning
the Confederate currency, which were read first time. -
Mr. Carroway, for the committee on Corporations, report¬
ed upon the bill entitled, " A bill to incorporate the Gibson
Hill Mining Company," which was read a second time and
passed. Said bill was subsequently taken up on motion of
Mr. Adams of Guilford, and read a third time and passed, the
rules having been suspended.
Mr. Graham introduced a bill entitled, " A bill to amend
Chapter 55 of Revised Code," which was read first time, and
the same was subsequently taken up on his motion, and read
a second and third times and passed, under suspension of the
rules.
Mr. "Warren introduced a bill entitled, "A bill to legalize
certain disbursements of the Treasurer, and to amend an act
entitled, " An act for the relief of the wives and families of
soldiers in the army," which was read first time. The same
was subsequently taken up on Mr. Warren's motion, and the
rules having been suspended, .was read a second and third
time and passed.
The bills entitled, " A bill to enable refugees and others to
vote for members of Congress," and " A bill to amend an act
entitled, ' An act in relation to the supply of salt,'" were
read a second time and passed. The rules were suspended,
on motion of Mr. Warren, and said bills were read a third
times and passed.
A message was received from the House of Commons, that
they recommend that R. T. Long be commissioned a Justice
of the Peace for Richmond county, to which the Senate
agreed.
Mr. Lassiter moved that a message be sent to the House,
that Elisha H. Overtonbe recommended to be commissioned
a Justice of the Peace, for Granville county, which was
agreed to.
A message was sent, on motion of Mr. Graham, to the
House, that the Senate pr-oposes to rescind for the session,
1863.]
SENATE JOURNAL.
11
Joint Rule, No. 5 ; and a message was received from the
House that they had agreed thereto.
Also, a message was received from the House, that they
agree to the amendments made by the Senate to the bill en¬
titled, "A bill in relation to the payment of taxes, and to
authorize the Public Treasurer and other officers of the State
to fund certain issues of the Confederate Treasury Notes, in
seven jper cent, bonds of the government," and said bill is or¬
dered to be enrolled.
Mr. Arendell introduced a bill entitled, " A bill in regard
to holding the conrts in, and for the county of Jones," which,
under a suspension of the rules, on his motion, was read three
several times and passed.
Mr. Wright introduced a bill entitled " A bill to amend
Chapter 60, of Revised Code," which was read three several
times and passed, the rules having been suspended on his
motion.
Mr. Smith of Macon, introduced a resolution entitled, "A
resolution to amend resolution entitled, ' Resolution to raise
a committee of investigation of Railroads of the State," which
was read first time, when, on his motion, the rules were sus¬
pended, and the same was read a second time.
Mr. Wiggins moved to am^nd by inserting after the words
" striking out five," the words " and insert ten," which was
agreed to. The resolution passed as amended, and was read
a third time and passed.
Resolutions entitled, " Resolutions in relation to adjourn¬
ment," were taken up and read and amended, on motion of
Mr. Graham, by striking out "Saturday," and inserting
" Tuesday." The resolutions as amended were adopted, the
question thereon having been put separately, on motion of
Mr. Warren.
Mr. Simpson introduced a bill entitled " A bill to increase
the pay of the members of the present General Assembly,"
which was read three several times, the rules having been
suspended on his motion, and passed.
Mr. Young, from the joint select committee, on the Gover-
12
SENATE JOURNAL.
[Session
nor's verbal message, as it relates to militia, reported a bill
entitled, "A bill authorizing the organization of certain ex¬
empts from Militia duty, to be called into Service under spe¬
cified emergencies." Said bill was read first time and order¬
ed, on motion of Mr. Graham, to be printed.
On motion of Mr. Outlaw, the Senate took a recess until 4
o'clock, P. M.
Afternoon Session—lour o'clock, P. M.
The bills entitled, " A bill concerning fees of the Public
Register of Mecklenburg county," " A bill to authorise R.G.
Tuttle, late sheriff of Caldwell county, to collect arrears of
taxes," and " A bill in relation to the payment of taxes, and
to authorize the Public Treasurer, and other officers of the
State, to fund certain issues of the Confederate Treasury
Notes in seven per cent, bonds of the government," were
signed by the Speaker of the Senate, having been previously
signed by the Speaker of the House of Commons.
A message was received from the House, that they trans¬
mit bills entitled, " A bill to authorise fiduciaries to invest in
bonds or stocks of the Confederate States," and " A bill to
enlarge the powers of the ifaiiks ;" also, a resolution entitled,
"A resolution of thanks to Captain John Elliott of Pasquo¬
tank, and those under his command." The resolution was
adopted. The bills were read first time.
On motion of Mr. Outlaw the rules were suspended, and
the bill to enlarge the powers of the Banks was read a second
time, when Mr. Smith of Anson moved, after some discussion,
to lay it on the table, which was agreed to.
The Senate went into secret session, on motion of Mr.
Wright.
Mr. Warren, the Senate now being in open session, intro¬
duced a bill entitled, " A bill to modifiy an act entitled, 1 An
act to change the jurisdictipn of the courts and the rules of
pleading therein,'" passed at the second extra session of the
1863.] SENATE JOURNAL.
13
General Assembly, 1861, commonly called the Stay Law,
which was read first time.
On motion of Mr. Leitch, the Senate adjourned until to¬
morrow morning 10 o'clock.
SATURDAY, July J, 1863.
A message was received from the House of Commons that
they agree to the proposition of the Senate, that the two
Houses adjourn their present session on Tuesday next, the
7th inst, at 12£ o'clock, to meet again on the fourth Monday
of November next.
Mr. Pitchford introduced a resolution requiring the Adju¬
tant General to prepare a tabular statement of the number of
conscripts and volunteers in the several counties of the State,
&c., and authorizing the Governor to have the same pub¬
lished ; which was adopted.
A message from the House was received, that the joint
select committee on so much of the Governor's message as
relates to militia, have reported that the committee cannot
agree, and ask to be,discharged, and they are discharged by
them. The Senate agreed to the message.
Also, a message was received from the House, that they
transmit a bill to incorporate the Henderson Iron Works
Company, and a resolution in favor of Samuel J. Crawford.
Said bill was read first time, and referred to the committee
on Corporations, on motion of Mr. Ramsay; and the resolu¬
tion, under a suspension of the rules by motion of Mr.
Adams of Guilford, was read three several times and passed.
Mr. Blount introduced a bill entitled " A bill for the relief
of the sureties of Josiah Hodges, late sheriff of Pitt county
which was read first time, when the rules were suspended on
his motion, and the same was read a second and third times
and passed.
Engrossed bill to authorize fiduciaries to invest in bonds or
14
SENATE JOURNAL.
[Session
stocks of the Confederate States was read a second time, and,
on motion of Mr. Murrill, laid on the table.
The resolutions concerning the Confederate currency were
read a second time, when Mr. Graham moved that they be
laid on the table.
On this question Mr. Adams of Guilford, asked the yeas
and nays, and one-fifth agreeing:
Those who voted in the affirmative are,
Messrs. Adams of Davidson, Carroway, Copeland, Dicker-
son, Graham, Holeman, Outlaw, Patton, Ramsay, Sanders,
Slaughter, Smith of Anson, Wiggins and Wright—14.
Those who voted in the negative are,
Messrs. Adams of Guilford, Arendell, Aycock, Bagley,
Blount, Faison, Harriss, Jarratt, Jones, Lassiter, Leitch, Mat¬
thews, Murrill, Neal, Patrick, Pitchford, Powell, Simpson,
Smith of Macon, Smith of Stanly, Taylor of Chatham, Whit-
ford, White, Wooley and Young—25.
So the motion did not prevail.
Mr. Copeland moved to strike out the word " the " before
the word "unwise" in 2d resolution, line 4. Mr. Pitchford
moved to substitute the word " unwise which was accepted,
and the amendment, as modified, yras not agreed to.
The question recurring on the passage of the resolutions,
they were passed and read a third time.
Mr. Murrill moved to strike out the third resolution, and
thereon Mr. Copeland asked the yeas and nays; which was
not agreed to.
The question recurring on Mr. Murrilt's motion, it was not
agreed to.
Mr. Murrill now moved to amend, by striking out in second
resolution the words after word " legislation " in line 4, to the
word " States" inclusive in line 8, and inserting the words
"of the State of Virginia, or action of the Banks of Rich¬
mond."
Mr. Wiggins moved to lay the amendment on the table,
and thereon Mr. Taylor of Chatham asked for the yeas and
nays, and one-fifth agreeing:
1863.
SENATE JOURNAL.
15
Those who voted in the affirmative are,
Messrs. Adams of Davidson, Carroway, Copeland, Dicker-
son, Graham, Holeman, Outlaw, Patton, Pitchford, Ramsay,
Slaughter, Whitford, White, Wiggins and Wright—15.
Those who voted in the negative are,
Messrs. Adams of Guilford, Arendell, Aycock, Bagley,.
Blount, Faison, Harriss, Jarratt, Jones, Lassiter, Leitch, Mat¬
thews, Murrill, Neal, Patrick, Powell, Simpson, Smith of
Macon, Smith of Stanly, Taylor of Chatham, Warren, Wooley
and Young—23.
So the motion did not prevail.
Mr. Murrill's amendment was not agreed to, when he
moved to strike out all after the word " banks " in line 11.
Mr. Slaughter moved to lay on the table this proposition;
which was not agreed to, and the amendment was not
adopted.
The question recurring on the passage of the resolutions,
Mr, Copeland asked the yeas and nays, and one-fifth agreeing:
Those who voted in the affirmative are,
Messrs. Adams of Guilford, Arendell, Aycock, Bagley,
Blount, Faison, Harriss, Jarratt, Jones, Lassiter, Leitch, Mat¬
thews, Neal, Patton, Patrick, Powell, Sanders, Simpsoii,
Smith of Macon, Smith of Stanly, Taylor of Chatham, Tay¬
lor of Nash, Warren, Wooley and Young—25.
Those who voted in the negative are,
Messrs. Adams of Davidson, Carroway, Copeland, Dick-
erson, Graham, Holeman, Murrill, Outlaw, Pitchford, Ram¬
say, Slaughter, Smith of Anson, Whitford, White, Wiggins
and Wright—16.
So the resolutions were adopted.
Mr. Leitch, fronx the Committee on Education and the Lit¬
erary Fund, reported a bill authorizing the President and
Directors of the Literary Fund of North-Carolina to elect a
Treasurer; which was read first time, and the rules having
been suspended on his motion, it was read a second time,
when Mr. Murrill moved to amend by striking out " twenty-
five thousand dollars" as the amount of the bond of the
16
SENATE JOURNAL.
[Session
Treasurer, and inserting " one hundred thousand dollars
which was not agreed to. And Mr. Patrick moved to strike
out "twenty-five thousand" and*insert "fifty thousand," and
it was not agreed to.
The bill passed, and was read a third time and'passed.
Also, Mr. Leitch, from the same committee, reported a
bill to authorize the Governor to sign certain State bonds;
which, under a suspension of the rules, was read three sev¬
eral times and passed.
A message was received from the House, that they have
amended the bill from the Senate, entitled " A bill to amend
an act entitled 'An Act in relation to the supply of salt,'"
by striking out the word "twelve" and inserting word
" seven," to which the Senate agreed.
On motion of Mr. Sanders, the Senate adjourned until
Monday morning 10 o'clock.
MONDAY, July 6, 1863.
Mr. Eamsay introduced a resolution calling on the Gov¬
ernor for information in regard to slaves detailed to work on
fortifications, which was adopted.
On motion of Mr. Leitch, a message was sent to the House
of Commons, that the Senate recommend Archibald Patter¬
son, to be commissioned a Justice of the Peace for Eobeson
county ; and a message was received from the House, that
they agree thereto.
Mr. Faison introduced a bill to increase the pay of soldiers,
which was read first time and referred, on his motion, to the
committee on Military affairs.
Mr. Ramsay introduced a bill to repeal the act to protect
the people of North Carolina against small pox, which was
read first time.
A message was received from the House of Commons, that
they transmit, for the action of the Senate accompanying bills
and resolutions, which were disposed of as follows, to wit:
1863.] SENATE JOURNAL.
17
Resolution of thanks fo a detachment of six men of Ma¬
jor John N. Whitford's Battalion. Adopted.
Resolution concerning Craven county;
A resolution for the relief of indigent families of sold-
diers, and
A resolution in favor of A. C. Latham, Sheriff of Craven
county, which were read first time.
A bill to extend the time for making settlement with the
agent of Cherokee lands, in Jackson county, which was read
first time, when the rules were suspended on motion of Mr.
Smith of Macon, and the same was re&d a second and third
times and passed.
A bill to increase the salary of the Public Librarian ; read
three several times under a suspension of the rules, by motion
of Mr. Simpson, and passed.
A bill to provide for the better protection of sheep, which
was read three several times, the rules having been suspend¬
ed on motion of Mr. Leitch, and passed.
A bill to incorporate an Insurance Company in the town of
Charlotte, to be called the " North-Carolina Stock Insurance
Company;" which was read three several times, the rules
having been suspended on motion of Mr. Young, and passed.
A bill to incorporate the Kernersville High School; which
was read three several times and passed, under suspension of
the rules, on motion of Mr. Matthews.
A bill to amend an act entitled " An act to charter the
Shelby Broad River Railroad Company, passed at the session
1862-'63," which was read three several times, and passed
under suspension of the rules ; and
A bill to punish aiders and abettors of desertors; which was
read first time.
A message was received from the House, that the House
branch of the joint committee on enrolled bills, are Mes¬
srs. Bobbins, Russpl of Craven, Henry ; of Henderson,
Powell and Stancill; and the Speaker announced Messrs.
Patrick, Powell and Wooley, as the Senate branch of said
committee.
2
18
SENATE JOURNAL.
[Sessio©
A message was sent to the House of Commons, on motion
of Mr. Murrill, that the Senate recommend to be commis¬
sioned as justices of the peace for Onslow County, Dr. John
W. Hill, Solomon Gofnto, Richard G. Ward, Lewis Hargilt
and Uzza Mills.
Mr. Bagley introduced a bill providing for local defence in
the State, which was read first time, when the rules were
suspended, and the same was read a second time and passed
oyer informally.
Mr. Warren introduced a bill entitled " A bill authorizing
County Trustees to bring suit in certain cases," which was
read first time, when the rules were suspended on his mo¬
tion and the same was read a second and third times and
passed.
On motion of Mr. Graham, the Senate went into secret
session.
The consideration of the bill entitled " A bill providing for
local defence in this State," was now resumed in open session.
Said bill passed, and was read a third time.
On motion of Mr. Wright, the Senate agreed to recommend
John A. McLaughlin, as a justice of the peace for Cumber¬
land county, and also John Ewing as a justice of the peace
for Montgomery county, on motion of Mr. Wooley, and a
message accordingly was sent to the House of Commons.
The following bills and resolution, transmitted from the
House of Commons, as having been duly enrolled and signed
the speaker of the House, were signed by the Speaker of the
Senate, entitled, to wit:
A bill for the relief of the sureties of Josiah Hodges, late
Sheriff of Pitt county;
A bill to amend Chapter 55 of Revised Code ;
A bill to increase the pay of the members of the present
General Assembly ;
A bill to amend an act entitled "An act in relation to the
supply of salt
A bill in regard to holding the courts in and for the county
of Jones;
1863.]
SENATE-JOURNAL.
19
A bill to legalize pertain disbursements of the Treasurer,
and to amend an aet entitled " An act for the relief of the
wives and families of soldiers in the army," and
Resolution of thanks to Captain John Elliott, of Pasquotank
county, and those under his command.
On motion of Mr. Adams of Guilford, the Senate took a re¬
cess until 3 o'clock, P. M.
Afternoon Session—Three o'clock, P. M.
The Senate resumed the consideration of the bill providing
for local defence in this State.
My Outlaw moved to amend by adding a section, to wit:
Be it further enacted, That the Governor shall have power
to appoint the field officers of the battalions or regiments raised
under this act. The amendment was adopted.
Mr. Warren now moved to amend by inserting, in section
1, line 6, after the words " Chowan River," the words, "and
in such other counties in the Eastern section of the State, as
are similarly situated," which was agreed to.
The bill was now laid en the table, on motion of Mr. Out¬
law, who introduced a resolution calling on the Governor for
information relatipg to correspondence of the Governor with
the President ,of the Confederate States or Secretary of War,
and on the Adjutant-General for a report as to the number of
troops from this State, mustered into the service of the Con¬
federate States, how many have been discharged, &c., and
how many are subject to militia duty, which resolution was
adopted.
The bill providing for local defence in the State, was now
taken from the table, on motion of Mr. Outlaw, and the same,
on its third reading, was passed as amended.
The bill transmitted from the House of Commons, entitled
" A bill repealing part of the 31st section of the Ordinance
chartering the Piedmont Railroad Company," was read first
time, when Mr. Adams of Guilford moved to suspend the
20
senate journal.
[Session
rules, and thereon Mr. Arendell asked for the yeas and nays,
and one-fifth agreeing:
Those who voted in the affirmative, are,
Messrs. Adams of Davidson, Adams of Guilford, Copeland,
Dickerson, Holeman, Matthews, Murrill, Outlaw, Patton,
Ramsay, Simpson, Smith of Anson,' Smith of Maeon, Smith
of Stanly, Taylor of Chatham, White, Wooley, Wright and
Young—19.
Those who voted in the negative, are,
Messrs. Arendell, Aycock, Bagley, Blount, Brown, Carro-
way, Faison, Harris, Jarratt, Jones, Lassiter, Leitch, Lindsay,
Neal, Patrick, Pitchford, Powell, Sanders, Taylor of Nash,
Warren, Whitford and Wiggins —22.
So the motion did not prevail.
The resolution entitled "Resolution in favor of Craven
County," was taken up on motion of Mr. Copeland, and under
suspension of the rules, read a second and third times and
passed.
The Speaker announced Mr. Faison in place of Mr. Eure,
on-the committee on Military affairs.
Mr. Graham introduced a bill entitled "A bill in relation
to the Militia, and a Guard for Home Defence," which was
read first time.
Mr. Outlaw moved to print said bill, and it was not agreed
to, when, on motion of Mr. Graham, the same was referred to
aseleet committee, with leave to sit during the session of the
Senate.
The Speaker announced as said committee, Messrs. Gra¬
ham, Outlaw, Wiggins, Wright and Young.
Mr. Outlaw, at his request, was subsequently excused, on
motion of Mr. Bagley, from said committee, and Mr. Warren
appointed in his stead.
j. The bill entitled " a bill authorizing the organization of
certain exempts for Militia duty, to be called into service
[under specified emergencies," was referred to the aforesaid
select cohamittee, on motion of Mr.'Young.
) On motion of Mr. Patrick, a message was sent to the House,
1863.] SENATE JOURNAL.
21
that the Senate recommend Bennett Fields, to he commission¬
ed a justice of the peace for Greene county.
Mr. Whitford moved to take up the resolution in favor of
A. C. Latham, sheriff of Craven county, which was agreed to,
and the same was read a second time and passed, when the
rules were suspended, and it was read a third time, and
amended, on motion of Mr. Bagley, by inserting the name of
Jesse B. Lee, a sheriff of Currituck county, and also, on mo¬
tion of Mr. Slaughter, by inserting words " taxes due for years
1858-'59 and '61." The resolution as amended, passed.
The bill entitled " A bill to repeal an act to protect the
people of Norlii-Carolina ,against small pox," was read a sec¬
ond and third times and passed, the rules having been sus¬
pended, on motion of Mr. Ramsay.
The bill entitled " A bill to modify an act, entitled 1 An
act to change the jurisdiction of the courts, and the rules of
pleading," passed at the second extra session of the General
Assembly, 1861, commonly called the Stay Law," was read a
second time and amended, on motion of Mr. Warren, by
striking out all of section 4, after the word " therein," in line
6, and by striking out in section 6, the words " on the second
Monday of June, A. D., 1863," and inserting "on the 30th
day of December,1863, unless said day be Sunday, and in that
event on the next succeeding day."
The question being on the passage of the bill, Mr. Wiggins
moved to postpone until December 1st, next, and thereon Mr.
Graham, asked the yeas and nays, and one-fifth agreeing :
Those who voted in the affirmative, are,
Messrs. Adams of Guilford, Aycock, Bagley, Blount, Brown,
Carroway, Copeland, Faison, Harries, Holeman, Jarratt,
Jones, Lassiter, Leitch, Matthews, Murrill, Neal, Pitchford,
Powell, Sanders, Simpson, Smith of Anson, Smith of Macon,
Smith of Stanly, Taylor of Chatham, Taylor of Nash, Whit¬
ford, White, Wiggins, Wooley, Wright and Young—32.
Those who voted in the negative, are,
Messrs. Adams of Davidson, Arendell, Dickson, Dicker-
son, Graharn, Patton, Patrick, Ramsay and Warren—9.
SENATE JOURNAL.
[Session
So the bill was postponed until December 1st, next.
A bill to regulate the payment of bounty to deceased sol¬
diers, transmitted from the House of Commons, was read
first time.
Mr. Ramsay moved to suspend the rules as to bills for tbe
day, and Mr. Arendell asked thereon the ^eas and nays, and
one-fifth agreeing :
Those who voted in the affirmative, are,
Messrs. Adams of Davidson, Adams of Guilford, Brown,
Copeland, Qraham, Holeman, Matthews, Murrill, Meal, Out¬
law, Patton, Powell, Ramsay, Simpson, Slaughter, Smith of
Anson, Smith of Stanly, Taylor of Chatham, Whitford, White,
Wiggins, Wooley and Young—23.
Those who voted in the negative, are,
Messrs. Arendell, Ay cock, Bagley, Blount, Carroway, Fai-
son, Harris, Jarratt, Jones, Lassiter, Leitch, Patrick, Pitcli-
ford, Sanders, Smith of Macon and Taylor of Mash—16.
So the motion did not prevail.
The rules were suspended on motion of Mr. Young, as to
the bill just read, and the same was read a second time and
passed, and read a third time, when Mr. Outlaw moved to lay
on the table, which motion was agreed to.
On motion of Mr. Murrill, the bill entitled "A bill to pun¬
ish aiders and abettors of deserters," was taken up and read
a second time.
Mr. Smith of Macon, moved to amend by inserting in-sec¬
tion 3d, after the word " enacted," in line 1, the words, to
-wit: " That the Governor shall have power to call out the
Militia, &c., for the purpose of enforcing the Conscript Laws
of the Confederate States, and arresting deserters and con¬
scripts, which was not agreed to.
Mr. Brown moved to strike out section 3, and Mr. Outlaw
moved to amend the amendment by inserting as follows:
Be it further enacted, That for the purpose of enforcing
the Conscript Law of the Confederate S tates, and arresting
deserters and conscripts, the Governor shall have power to
call out; the Militia ; and any officer refusing to obey such
1863.
SENATE JOURNAL.
23
call shall be summarily dismissed from his office, which was
accepted by Mr. Brown.
On motion of Mr. Graham^ these words of the proposed
amendment, to wit: " And any officer refusing to obey such
call, shall be summarily dismissed from his office," were
stricken out, and the amendment, as now amended, was
adopted.
The question being on the passage of the bill, as amend¬
ed,.Mr. Outlaw asked the yeas and nays, and one-fifth agree¬
ing:
Those who voted in the affirmative, are,
Messrs. Adams of Guilford, Arendell, Aycock, Brown, Car-
roway, Copeland, Faison, Harriss, Holeman, Murrill, Neal,
Outlaw, Patton, Pitchford, Powell, Sanders, Simpson, Smith
of Anson, Smith of Macon, Smith of Stanly, Taylor of Chat¬
ham, Taylor of Nash, Whitford, White, Wiggins, Wooley and
Young—27.
Those who voted in the negative, are,
, Messrs. Adams of Davidson, Bagley, Blount, Dickerson,
Graham, Jarratt, Jones, Lassiter, Leitch, Matthews, Ramsay,
Slaughter, Warren, and Wright—14.
So the bill passed, and was read a third time and passed.
A message was received from the House, that they trans¬
mit a report of the Public Treasurer, and propose to refer
the same, with accompanying statements to the Joint Stand¬
ing Committee on Finance, which was agreed to.
Also, a message was received from his Excellency the
Governor, in answer to resolutions calling upon him for in¬
formation, &c., transmitting correspondence between him
and the Secretary of War of the Confederate States, which
were referred to select committee, consisting of Messrs. Gra¬
ham, et als.
The Senate adjourned until 9 o'clock, to-morrow morning,
©a motion of Mr. Outlaw.
24
SENATE JOURNAL.
[Session
TUESDAY, July 7, 186&
Mr. Ramsay moved to send a message to the House of
Commons, that the Senate proposes to rescind the Joint Re¬
solution in relation to adjournment, and that the General As¬
sembly adjourn at 7 o'clock, P. M., to meet again pn the 4th
Monday of November next.
Mr. Young moved to amend by striking out " 7 o'clock, P.
M.," and inserting, " to-morrow, 12£ o'clock, P. M.," which
was not agreed to.
The motion of Mr. Ramsay was agreed to, and a message
sent accordingly, and a message was received from the House
that they agree thereto.
The following bills and resolution, transmitted from the
House of Commons as duly enrolled, and signed by the Speak¬
er thereof, were signed by the Speaker of the Senate, enti¬
tled, to wit:
A bill to incorporate the Gibson Hill Mining Company ;
A bill authorising the President and Directors of the Lite¬
rary Fund, to elect a Treasurer;
A bill to authorize the Governor to sign certain State Bonds;
A bill to enable refugees and others to vote for members
of Congress; and
Resolution concerning the Confederate currency.
Mr. Smith of Macon, introduced a bill to amend the 70th
Chapter of the Acts of the General Assembly, for the sessions
1858 and '59, which, under a suspension of the rules, was
read three several times and passed.
Mr. Arendell, from the committee on corporations, report¬
ed back the bill entitled "Railroad Iron Works'Bill," and
asked to be discharged from the further consideration of the
same; and the committee were so discharged.
* Mr. Jones, introduced a resolution in favor of DeCarteret
& Armstrong, which was read three several times and passed,
the rules having been suspended on his motion.
Mr. Graham, from the select committee, to whom was re¬
ferred, the bill entitled " A bill in relation to the Militia,
and a Guard for Home Defence," reported upon the same,
1863.]
SENATE JOURNAL.
25
recommending certain amendments, and'the passage of the
bill, when amended. .
The bill was read second time, and the amendments were
adopted, and are as follows, to-wit:
In section 2, line 4, after word "persons," insert words,
11 not already enrolled in the service of the Confederate States,"
and strike out word " five," in line 5;
In section 3, strike out " Adjutant-General," and insert "a
Captain of a company . .
Add to section 5, " Provided that when any such Quaker
shall have paid, or have levied of his property, the sum of
five hundred dollars, under the act of Congress, called the
Conscript Law aforesaid, he shall not be required to pay any
sum of money for his exemption under this act
Section 6, add after word " arms," in line next last line,
" when approved by the Governor."
Mr. Young moved to amend section 1, by adding the pro¬
viso, " Provided, that the officers of the Militia and magis¬
trates, between the ages of 18 and 45 years, shall not be con¬
sidered exempt from duty under this act."
Mr. Wiggins moved to amend the amendment by adding
" but the Governor is authorized to detail so many of the mi¬
litia officers as he may deem necessary," which was accepted
by Mr. Young.
The question being on the amendment, Mr. Graham asked
the yeas and nays, and one-fifth agreeing :
Those who voted in the affirmative are,
Messrs. Aycock, Bagley, Brown, Carroway, Copeland, Fai-
son, Harriss, Holeinan, Jarratt, Jones, Lindsay, Miirrill, Out¬
law, Patton, Pitchford, Powell, Sanders, Smith of Anson,
Taylor of Nash, Whitford, White, Wiggins, Wooley and
Young—25.
Those who voted in the negative are,
Messrs. Adams of Davidson," Adams of Guilford, Arendell,
Blount, Graham, Lassiter, Leitch, Matthews, Neal, Patrick,
Ramsay, Simpson, Slaughter, Smith of Macon, Smith of Stan¬
ly, Taylor of Chatham, Warren and Wright—-18.
26
SENATE JOURNAL,
[Session
So the amenment was adopted.
Mr. Jones moved to amend section 2, by inserting therein
after word " registers," " county surveyors." Not agreed
to.
Mr. Sanders moved to amend said,section 2, by inserting
" coroners;" and Mr. Patton to amend amendment by adding
" county trustees," which was not agreed to ; and the amend¬
ment was not agreed to.
Mr. Ramsay moved to amend same sec., by inserting after
word " counties," in line 12, the words, " all persons engaged
in editing or publishing classical and common sehoolbooks,
and all persons actually engaged in printing or binding such
books," which was not agreed to.
Mr. Patrick moved to amend same section by inserting
" county solicitors ;" and it was not agreed, to.
Mr. Brown moved to amend same section by striking out
"fifty," and inserting "forty-five," before word-" years," at
the end of line 5 ; and it was not agreed to.
The bill as amended passed, and the rules were suspended
on motion of Mr. Graham, when it was read a third time.
Mr. Sanders moved to strike out the latter clause of the
proviso in Section 1, " but the Governor is authorized to de¬
tail so many of the militia as he may deem necessary,"
Mr. Leitch moved to strike out the proviso.
The question being on Mr. Sanders' motion to strike out a
part, it was agreed to.
On the motion of Mr. Leitch, Mr, Blount asked the yeas
and nays, and one-fifth agreeing:
Those who voted in the affirmative are,
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Blount, Brown, Graham, Jarratt, Jones, Lassiter,
Leitch, Matthews, Neal, Patton, Patrick, Ramsay, Slaughter,
Smith of Macon, Smith of Stanly, Taylor of Chatham, War¬
ren, Wooley and Wright—23. •
Those who voted in the negative are,
Messrs. Aycock, Carroway, Copeland, Faison, Holeman,
1863.]
SENATE JOURNAL.
27
Lindsay, Murrill, Outlaw, Pitchford, Powell, Sanders, Smith
of Anson, Whitford, "White, Wiggins and Young—-16.
So the motion prevailed.
Mr. Sanders moved to strike out all after the enacting
clause, and insert House Bill Ho. 3; which was not agreed to.
The bill passed, and was ordered to be sent to the House
of Commons for its action.
Mr. Faison, from the Committee on Military Affairs, re¬
ported upon the bill entitled " A bill to increase the pay of
soldiers," recommending its passage.
The bill entitled "A bill to amend Revised Code, chap. 21,
sec. 1," transmitted from the House of Commons, was read
three several times and passed.
Also, a resolution entitled " Resolution concerning Carteret
county bonds," transmitted, together with a message from his
Excellency, the Governor, from the House, was read first
time and referred, on motion of Mr. Ramsay, to the Com¬
mittee on Internal Improvements.
A message was received from the House, that they trans¬
mit for the action of the Senate " A bill for the relief of per¬
sons charged with double taxes;" which bill, under a suspen¬
sion of the rules of the Senate, on motion of Mr. Ooutlaw,
was read three several times and passed.
Another message was received from the House of Com¬
mons, that they agree to the amendments made by the Senate
to the "bill to punish aiders and abettors of deserters," and
also, to the " resolution in favor of A. C. Latham, sheriff of
Craven county;" to the recommendation of the Senate of
certain Justices of the Peace made to-day; and that they
transmit a resolution in favor of the Principal and Assistant
Clerks, and the Engrossing Clerks of the General Assembly.
The resolution was read first time, and the rules having been
suspended, it was read a second time, amended on motion of
Mr. Ramsay by including " Door-Keepers," and by doubling
thQger diem of the several officers embraced therein, and, as
amended, passed.
Said resolution was read a third time.
28
SENATE JOURNAL.
[Session
Mr. Taylor of Chatham, moved to amend by striking out
a twelve dollars" and inserting " ten dollars" asihe jper diem
of the Principal and Assistant Clerks, and it was not agreed to.
The resolution passed.
A message was sent to the House of Commons^ that the
Senate recommend to be commissioned as Justices of the
Peace, W. W. Dunn, for Lenoir county, nominated by Mr.
Patrick, and George C. Garris, for Wayne county, nominated
by Mr. Aycock.
A message was received from the House of Commons, that
James Summers of Wilkes, Wm. Drew of Brunswick, Joseph
Reid of McDowell, and Robert Sprouse of Davie, are recom¬
mended to be commissioned as Justices of the Peace for their
several counties. The Senate agreed to the message.
Resolutions transmitted from the House, entitled " Resolu¬
tion in favor of Wm, H. Ramsay," and " Resolution to amend
a resolution to raise a committee to investigate the affairs of
Railroads," wete read three several times and passed.
The Senate took a recess until 3 o'clock,' P. M.
Afternoon Session—Three o'clock, P. M.
The bill entitled " A bill to regulate the payment of bounty
to the representatives of deceased soldiers" was taken from
the table, on motion of Mr. Ramsay, and read third time.
Mr. Murrill moved to strike out section 3, and it was not
agreed to, and the bill passed.
Mr. Outlaw introduced a bill, entitled "A- bill concerning
the election of members of Congress from this State;" which
was read first time, when the rules were suspended on his
motion, and the same was read a second and third times and
passed.
Resolution entitled " A resolution in favor of Door-Keep¬
ers," and " Resolution in relation to a supply of iron," were
transmitted from the House and read first time. The former
was laid on the table ; also, on motion of Mr. Warden, the
1863.]
SENATE JOURNAL.
29
latter resolution was laid on the table, but it was subsequently
taken off by his motion, and referred to the Committee on
Propositions and Grievances.
Mr. Smith of Anson,, recommended as Justices of the
Peace for Anson county, Hugh A. Crawford, John Stacy and
Richmond Buchanan, to which the Senate agreed, and a mes¬
sage was sent to the House that the Senate asks their agree¬
ment to said recommendation.
The bill entitled " A bill repealing part of 31st section of
Ordinance of the Convention chartering the Piedmont Rail¬
road Company," was read a second time, and, on the ques¬
tion of its passage, Mr. Arendell asked the yeas and nays, and
one-fifth agreeing :
Those who voted in the affirmative are,
Messrs. Adams of Davidson,. Adams of Guilford, BroWn,
Copeland, Graham, Holeman, Matthews, Murrill, Outlaw,
Powell, Ramsay, Smith of Macon, Smith of Stanly, Taylor of
Chatham, White, Wooley, Wright and Young-—18.
Those who voted in the negative are,
Messrs. Arendell, Aycock, Bagley, Blount, Carroway,
Faison, Harriss, Jarratt, Jones, Lassiter, Leitch, Lindsay,
Ne.al, Patrick, Pitchford, Sanders, Slaughter, Warren and
Wiggins—-19.
So the bill was rejected. -
Mr. Copeland introduced a bill, entitled "A bill for the re¬
lief of Samuel A. Warren, sheriff of Northampton county;"
which was read three several times and passed.
The bill entitled " Railroad Iron Works' Bill," Was [read
second time and passed, and read a third time.
Mr. Outlaw moved to amend, by striking out in section 3,
all after word "shares," in line 9; which was agreed to.
Mr. Adams of Guilford moved to amend by inserting words
" and persons " in section 3, line 7, after word " companies,"
and it was agreed to. The bill, as amended, was rejected.
A message was sent to the House of Commons, on motion
of Mr. Graham, that the Senat^ proposes to rescind the joint
order as to adjourning at 7 o'clock, P. M., and adjourn at 9
30
SENATE JOURNAL.
[Session
o'clock, 'P. M.; and a message was received from the House
that they agree thereto.
Mr. Graham moved that the Senate go into secret session,
and it was so agreed.
The Senate being in open session, a message was received
from the House of Commons, that they transmit % bill entitled
" A bill in relation to the militia and a guard for home de¬
fence which was read, under a suspension of the rules,
three several times and passed.
A message was received from the House, that they agree
to the amendment made by the Senate to the resolution in
favor of " Clerks and Door-Keepers," and the same is ordered
to be enrolled.
The Senate took a recess until 8 o'clock, P. M.
Evening Session—Eight o'clock, P. M.
On motion of Mr. Faison, the bill entitled "A bill to in¬
crease the pay of soldiers " was taken up, and it was read a
second time, when Mr. Outlaw moved to lay on the table.
Mr. Faison asked thereon the yeas and nays; which was not
agreed to. The motion of Mr. Outlaw was agreed to.
A message was received from the House of Commons,
that they ask the agreement of the Senate to a recommenda¬
tion of sundry persons as Justices of the Peace. The propo¬
sition was laid on the table.
A bill entitled " A bill to incorporate the North-Carolina
Importing and Exporting Company," transmitted from the
House of Commons, was read first time, when, Mr. Leitch
moved to suspend the rules, but the motion did not prevail.
The following bills and resolutions transmitted from the
House of Commons, duly enrolled and signed by the Speaker
thereof, Were signed by the Speaker of the Senate, entitled
to wit:
A bill to punish aiders and abettors of deserters;
1863.
SENATE JOURNAL.
31
A bill to regulate the payment of bounty to the represen¬
tatives of deceased soldier's;
A bill concerning the election of members of Congress
from this State;
A bill for the, relief of Samuel A. Warren, sheriff of
Northampton county;
A bill to incorporate an Insurance Company in the town
of Charlotte, to be called the North-Carolina Stock Insurance
Company;
A bill to incorporate the Kernersville High School, in the
county of Forsyth;
A. bill to provide for the better protectioii of sheep;
A bill to increase the salary of Public Librarian ;
A bill to amend an act entitled, " An act to charter the
Shelby .andJ Broad River Railroad Company," passed at the
session of 1862-63 and ratified on the 10th February, 1863 ;
A bill to extend the time of making settlement with the
agent of Cherokee lands;
A bill to amend Chapter 60 of Revised Code ;
A bill to amend the 70th Chapter of the Acts of the Gen¬
eral Assembly, for the session 1858-'o9 ;
A bill to repeal an Act to protect the people of North-Caro¬
lina against small pox ;
A bill for the relief of persons charged with double taxes ;
A bill to amend Revised Code, chapter 21, section 1;
A bill authorizing county trustees to bring suit in certain
cases ;
A bill providing for local defence in this State ;
A bill in relation to militia, and a Guard for Home De¬
fence ;
A resolution in favor of Samuel,J. Crawford ;
A resolution concerning Craven county;
A resolution in favor of W. H. Ramsay ;
Resolution in favor of N. G. Latham, sheriff of Craven
County;
^Resolution in favor of DeCarteret & Armstrong;
32
SENATE JOURNAL.
Resolution in favor of Clerks and Door-keepers of the Gen¬
eral Assembly;
Resolution to amend resolutions entitled :
Resolutions to raise a committee of investigation of Rail¬
roads of the State ;
Resolution calling on the Governor for information in re¬
gard to slaves detailed to work on fortifications;
Resolution of thanks to a detachment of men of Major John
N. "Whitford's command, for capturing the crew of the "Sea-
Bird and
Resolution requiring the Adjutant-General to prepare a
tabular statement of the number of conscripts and volunteers
in the several counties of the State ;
On motion of Mr. Ramsay, a message was sent to the House
of Commons, that the Senate has concluded the business'be¬
fore it, and the hour of 9 o'clock having arrived, it is now
ready to adjourn.
A message was received from the House of Commons, that
the House is now about to adjourn; whereupon the Speaker
announced, that the hour of 9 o'clock having arrived, in pur¬
suance of the joint order, the Senate stands adjourned until
the 4th Monday of November next.
GILES MEBANE,
Speaker of the Senate.
C. R. Thomas, Principal Clerk.
JOURNAL,
OF THE
HOUSE OF COMMONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF NORTH-CAROLINA,
■AT ITS
EXTRA OR [CALLED] SESSION, 1863,
RALEIGH:
W. W. HOLDEN, PRINTER TO THE STATE.
1.303.
HOUSE JOURNAL.
CALLED SESSION,
1863.
At 12 o'clock M., on the 30th day of Jane, A. D., 1863,
the day set apart by proclamation of his Excellency, Gover¬
nor Yance, for the meeting of the General Assembly, the
Speaker called the House of Commons to order, and the roll
being called, the following members answered to their names,
to wit:
Messrs. Allison, Albritton, Alford, Barringer, Beall, Beam,
Berry, Best, Bond, Brown, Bryan, Burgin, By nam, Carpen¬
ter, Carson, Cobb, Costner, Craig, Davenport, Foust, Foy,
Gentry, George, Grissom, Harris of Cabarrus, Harris of Chat¬
ham, Harrison, Hawes, Henderson, Henry of Bertie, Headen,
Hodges, Hollingsworth, Howard, Horton, Jenkins, Kerner,
Love, McAden, MeCormick, McKay, Nissen, Parks, Patter¬
son, Peebles, Perkins, Person, Powell, Bobbins, Bogers, Bus-
sell of Brunswick, Shepherd, Sherwood, Shober, Smith of
Guilford, Stancill, Walser, Watson, Wellborn, Williams, and
Young of Iredell.
The Speaker announced that a quorum was present.
The following members, elected to till vacancies, appeared,
presented their credentials, and were qualified in accordance
with the law:
Sampson.—S. A. Powell, in place of Bizzell, dec'd.
Wake.—C. J. Bogers, in place of Daniel G. Fowle, re¬
signed.
A message was received from the Senate, announcing the
readiness of that body to proceed to business.
4
HOUSE JOURNAL,
([Session?
On motion of Mr. Shepherd,
Ordered, That a message be sent to the Senate, announcing
that the House was organized, a quorum being present.
On motion of Mr. Shober,
Ordered, That a message be sent to the Senate, proposing
to raise a joint committee of two upon the part of each
House to wait upon his Excellency the Governor, and inform
him of their organization.
Received from the Senate a message, stating the agreement
•oi the Senate to the proposition to raise a committee to wait
upon the Governor, and announcing as its part of said com¬
mittee Messrs. Lassiter and Young.
Ordered, That Messrs. Shober and Love constitute our
part of the same.
On mction of Mr. Shepherd,
Ordered, That a message be sent to the Senate, that the
House of Commons proposes to suspend for the session the
operation of a resolution entitled " A Resolution in relation
to the bills of this session of the General Assembly, ratified
the 20th of December, A. D., 1862."
Received from the Senate a message, stating the agree¬
ment of that body to suspend the operation of a resolution
ratified December 20th, 1862.
Mr. Love, from the committee to wait upon his Excellency,
the Governor, reported that a message would be received
from him.
Received from his Excellency, Governor Yance, by his
Private Secretary, Mr. R. II. Battle, the following message
and accompanying documents, to wit:
GOVERNOR'S MESSAGE.
Gentlemen of the Senate and
House of Commons:
The reasons for my calling you together at such an unsea¬
sonable time, and so soon after your adjournment, v ill be
1808.1' HOUSE JOURNAL.
5
found m the accompanying ablo and interesting report of the
Public Treasurer. The gravity of the question, whether con¬
sidered in reference to its probable effects upon the financed
and credit of the State, or upon the interests of the people
and the success of our common cause, will, I trust, constitute
an ample apology for my action in calling you together, in
which I need not say I was unanimously sustained by the
Council of State.
By a recent act of Congress, all non-interest hearing Con¬
federate Treasury notes were classsified, and a limitation put
on the time of funding them, as set forth in the "accompany¬
ing report of the Public Treasurer.
By this action, intended'to reduce the great volume of
paper money in circulation by causing it to be funded, the
notes of two issues referred to were rendered of less value
than those cf later issues, and though to that extent it was a
repudiation of them, no action would have been necessary
on the part of the Legislature, had the matter ended here.
But the Legislature of the State of Virginia, being then in
Session, immediately provided against these issues being re¬
ceived in payment of taxes, with a view, as was said, to aid
the operation of the act of Congress, by hastening the fund¬
ing process. And soon thereafter the Banks of the City of
Richmond, actuated no doubt by the same patriotic but un¬
fortunate motives, declining to receive them, it at once* be¬
came a matter of serious concern with the Treasurer and my¬
self whether some legislative action would not be required
in self-defence. And if any were required it must be had
soon, as the collection of taxes begins in July.
Tbe Ordinance of the Convention, No. 35, February session,
makes it the dnty of the Treasurer to receive these issues;
but if he were invested with po^er to reject them, it evidenly
would not become him to exercise it under circumstances so
diiferent from any contemplated by the framers of the ordi¬
nance. To continue to receive them after this partial repu¬
diation of. Congress, and after the Legislature and the Metro¬
politan Banks of Virginia had refused them, would, of course,
6
HOUSE JOURNAL.
[Session
have subjected that officer to the danger of filling the Treas¬
ury with notes greatly depreciated it might he, or perhaps
entirely uncurrent. There was no telling how soon the other
banks of the country might follow the example of those of
Richmond, nor what action other States might take. And of
couse it being impossible to fund it all, and inconvenient to
fund any, so long as it would pass, it might be rushed into
this State and paid into our Treasury ; such a result would be
ruinous alike to her creditors, her officers, and her soldiers.
This created a responsibility too great to be borne by the
Treasurer without legislative sanction, and the matter is
therefore submitted to you.
After a careful survey of the situation, I confidently recom¬
mend you to provide for the continued reception of these
notes, as the safer and more honorable course. So far no
State has followed the example of Virginia, and no banks
outside of Richmond in the whole Confederacy have refused
them. Our example may have a most happy influence upon
the contemplated action of others. No more deadly blow
could be stricken our cause than the repudiation of our cur¬
rency, and that the honest, old-iashioned, debt-paying State
of North-Carolina should be among the first to dishonor the
money paid her citizens for their substance, and her soldiers
for their blood, is something I-should regret living to see.
If one issue of Confederate notes be good, then all are good,
since the same honor is pledged for their ultimate redemp¬
tion. It is exceedingly dangerous to take the first step
towards dishonoring, in the slightest degree, our enormous
volume of paper currency. The action of one forces the
action of another, when, if all stood firm, the public credit
might be saved. A refusal -to receive those notes, from
whatever cause, and however weighty the reason, would
create among the non-commercial classes the most general
alarm, and even distress; and the want of confidence would
become universal. The danger can now be stopped; if we
fail to check it, in my opinion it will be beyond remedy.
The suggestions of the Treasurer in regard to the manner of
1863.]
HOUSE JOURNAL.
providing against any provable loss are well worthy of your
consideration, and I have no doubt, will have great weight
in your deliberations.
Desiring to detain you but a few days at this busy and in¬
convenient season, I refrain from bringing before you various
other matters which might well claim your attention at a
regular session. I will therefore only call to your notice one
more subject. The President of the Confederate States hav¬
ing called upon me for seven thousand militia, it becomes
important to amend the existing militia laws in certain par¬
ticulars, both to facilitate their raising and equipment with
all possible speed, and to enlarge the list of exempts for the
proper protection of the State. In regard to these amend¬
ments, I will take pleasure in consulting with and assisting
your military committees.
Permit me to thank you for your prompt assembling at my
call, and to congratulate you upon the improved condition of
our affairs, State and National. Since your adjournment our
gallant armies have again won great victories, and driven
back, with slaughter and confusion, the vast forces of the
enemy. The danger of suffering for lack of food has hap¬
pily passed away, and the goodness and mercy of God has
visited us with a harvest almost unparalleled, while the grow¬
ing crops every where promise equal bounteousness. Let us
gather fresh courage from these Divine blessings, and strug¬
gle with renewed strength for the honor and independence
of the country.
Z. JB. VANCE.
TREASURER'S REPORT.
Treasury Department,
Raleigh, June 29th, 1863,
To his Excellency, Governor Vance:
Soon after the passage of the act of Congress, providing for
the funding and further issue of treasury notes, approved 23d
March last, and the act of the Legislature of Virginia, m&k-
8
House Journal
[Session
ing only " the Confederate States' non-interest bearing notes
of the denomination of or over five dollars, dated and issued
on and after the 1st April, 1863, receivable in payment of
taxes and other public dues to the State," I addressed to your
Excellency a communication suggesting the propriety of con¬
vening the Council of State, and submitting to them the
question whether the General Assembly ought not to be (jailed
to consider what legislation, on the part of this State, the
aforesaid acts had rendered necessary.
The Confederate treasury notes not bearing interest,
issued prior to the passage of this act, were made fundable,
at the pleasure of the holder, in the bonds of the govern¬
ment, bearing interest at the rate of 8 per cent, for the
issues dated prior to December, 1862, and 7 per cent, for
the subsequent issues.
The acts under which these issues were made, made no
limitations as to the time within which these notes were to
be presented by the holder, for funding.
The act of the 23d March last, in effect, classified these
notes and others which the act authorized to be issued; and
put a limitation on the time of funding them, as follows :
1. The holders of the issues, dated prior to December 1st,
1862, were allowed to fund them in 8 per cent, bonds at any
time prior to April 23d, 1863; in 7 per cent, bonds, at any
time after 22d April, 1863, to and including August 1st,
1863; and after August 1st, 1863, they were not to be fun¬
dable at all.
2. Notes dated after 1st December, 1862, and before
6th April, 1863, were to be fundable on or before 1st Au¬
gust, 1863, in 7 per cent, bonds; and afterwards in 4per
cent, bonds.
3. The act provided for a new issue of treasury notes, to be
dated on and after 6th April, 1863, the issues not to exceed
fifty millions in any one month, which were to have the month
of their issue printed in large characters, across the face of
them, and were to be fundable for one year from the 1st day
1863.]
HOUSE JOURNAL
9
of the month printed across the face of them, in 6 per cent.
bonds, and afterwards in 4 per cent, bonds.
The primary quality of these issues, making them fundable
at the pleasure of the holder, without limitation of time, in
bonds bearing a high rate of interest, had tended much to
give them currency, but the vast amouut of issues had already
greatly depreciated that value, so that supplies could only
be bought with them at extravigant prices, and these prices
were likely to be greatly augmented as the redundency of
currency increased, whereby the issues would soon become
so great that it would be impossible that the government
could pay them; and consequently public confidence in them
would be lost. The evil was the redundancy of the currency
and the high rate of interest, and consequently if any remedy
could be devised, it must necessarily be sought in a diminu¬
tion of the currency and a reduction of the rate of interest.
The policy of Congress was to bring about this diminution :
1st. By inducing the holders to fund the currency promptly,
by limiting the time within which the funding would be
allowed at the rate of interest originally fixed; and by mak¬
ing the first class not fundable at all, and consequently
"uncurrent, if not funded by the 1st August, 1863—and the
second class of less value, and consequently less current
than the third class ; thus operating on the holders to fund
and diminish the currency, both by motives of interest and
fear of loss.
2d. By absorbing a very large amount of the currency by
a heavy money tax.
3d. By furnishing the army with much of its supplies by a
tax in kind, and thus avoiding in future excessive issues of
currency.
"While your Excellency Was considering the expediency of
Convening the Council of State, and the matter had become
the subject of public discussion, many distinguished individ¬
uals maintained, on various grounds, that the occasion did
not warrant the expense and inconvenience of convening the
General Assembly : some insisting that the 2d section of the
10
HOUSE JOURHAL.
[Session
ordinance Ho 35, February session of the Convention, con¬
ferred on the Public Treasurer the power of prohibiting the
sheriffs from receiving the Confederate currency, depreciated
• in value by the act of Congress, and passed subsequently to
the ordinance, and that he ought to exercise this power. Others
maintained that the acts of Congress and of the Legislature
of Virginia would not materially affect the currency of the
old issues, and many urged that I could make an arrange¬
ment with the Secretary of the Treasury to exchange the old
for the new issues.
, I did not concur in any of these views, but with your appro¬
bation, I addressed a letter to each of the Presidents of the
banks of this State, inviting them to meet me here on the
-14th of May last, to consider the question whether, after the
1st August next, they would receive as currency Confederate
non-interest bearing notes, dated prior to April 6th, 1863. I
also wrote to the Secretary of the Treasury, asking him
whether he would make the exchange proposed—whether, in
his opinion the currency of the old issues would be injuriously
affected by the aforesaid legislation, and what amount of the
issues, dated prior to December 1st, 1862, were funded prior
to April 23d, 1863. I also wrote to the Treasurers of .the
other States of the Confederacy, excepting Virginia, asking
them whether the same difficulty existed in their States, and
how they proposed to remedy it.
Most of the bank Presidents met me on the day proposed.
At that time I had not received the answer of the Secretary
of the Treasury, which afterwards came to hand and which I
hereto append.
After a full discussion of the subject, the bank Presidents
decided unanimously that, at that time, it was inexpedient
and premature for them to decide whether they would receive
the old issues or not, after the 1st August next.
There was this difference as to the condition of the public
and county Treasurers and the banks. The banks could fund
any of the old issues they might have on hand on the 1st
August, while the State and county revenue would not be
1863.]
HOUSE JOURNAL.
11
paid in by the sheriffs till after the 1st August, and besides
they have no authority to fund.
I have received no answer from any of the State Treas¬
urers, excepting from the Treasurer of Georgia, whose answer
accompanies this communication. From this answer it ap¬
pears that the taxes in Georgia, are collected in September,
and that Gov. Brown, at that time, was disposed to take no
action in the matter.
The banks of Richmond, some time after the act of the
Legislature of that State, gave notice that they would not re¬
ceive on deposit, after the 10th of June, Confederate non-
interest bearing notes, dated prior to December, 1862; and
of course, I suppose, they will not receive them in payment
-of debts due to them. The banks of Richmond have not
gone as far as the Legislature of Virginia. These banks re¬
ject only the first class of issues, while the Legislature rejects
for dues to the State, both the first and second class of issues.
The other banks of the Confederacy, so far as I know, still
receive all the issues; but whether they will continue to do
so, I have been unable to ascertain.
The Secretary of the Treasury does not answer my inquiry
as to what amount of the issues, dated prior to December 1st,
1862, had been funded prior to April 23d, 1863.
I have been unable to obtain, from official sources, any
knowledge as to the amount of issues, of the first, or of the
second class, but from the best information I have been able
to get, I think the issues of the first class, somewhat exceed
$250,000,000—of which about $50,000,000 were funded on
and before 22d April, 1863, leaving, of this class, about
$200,000,000 in circulation; and I suppose that about $200,-
000,000 of the second class has been issued—and of this, I
presume, no great amount has been funded. If the States
and the banks continue to receive the old issues as currency,
it is not probable that a larger amount than $50,000,000 will
be funded between the 22d April, and 1st August; and pre¬
suming that the Confederate money tax will retire $125,000,-
12
HOUSE JOURNAL.
[session
000, the largest estimate I have heard, the new issues to the
1st August will probably exceed the amount retired.
The object of the act of Congress—of the Legislature of
Virginia and of the banks of Richmond, was to sustain and
improve the Confederate currency, and such, I have no doubt,
is the wish of every bank in the Confederacy, all of which, so
far as I have heard, have hitherto unselfishly and patriotically
sustained the government. The difficulty is, as to the most
effectual way to do it. I regard so much of the plan as leaves
afloat, after the 1st August, several issues of currency of
unequal value, as very badly adapted to effect the end desired.
When the holders of notes which have been paid to them
by the State and Confederate officers, and by the banks, as
money, find one class of it rendered uncurrent by an act of
the authority which issued it; wheq they find the compact,
under which they received it, to wit: the privilege to de¬
mand in exchange for it, the bonds of the government, bear¬
ing a stipulated rate of interest, changed by the government
without their assent, in my opinion, it will greatly damage
the whole currency, instead of improving it. Distrust will
arise, which will more than overbalance any benefits which
will spring from a diminution of the currency, produced by
legislation which forces the holder to fund, under the penalty
of having his money rendered uncurrent.
In view of all these difficulties I am greatly at a loss to
recommend what is best to be done.
I do not doubt that an act such as that of Virginia, and
which, I think, conforms to the policy of Congress, would
cause a vast amount to be funded, but it seems to me to savor
of bad faith, and in my opinion would be oppressive to the
tax-payers, and do more hurt than good.
While the act of Congress remains in force, and the me¬
tropolitan State and city continue their policy, I have no idea
that any action of the Legislature and banks of this State can
make the issues dated prior to December, 1862, generally
current; and if received into the County and State Treasu¬
ries, will be the source of infinite difficulties, if not entirely
1863.]
HOUSE JOURNAL.
13
unavailable. If the Public Treasurer be required to receive
the old issues, I know no equitable rule by which he can dis¬
burse them.
No better plan has occurred to me, than to suspend the
collection of the County and State taxes to some definite
time after the meeting of the next Congress, and the collec¬
tion of the Confederate tax; and in the mean time to forbid
all the revenue officers of the State and counties to receive
the old issues, and to address a remonstrance to Congress
asking for a repeal or modification of the law, or a provision
to exchange the new issues for the old, or such other pro¬
vision as may protect our State and County Treasuries from
loss.
Time will thus be obtained to see whether the absorption
by funding, and the collection of the Confederate tax, will
not so reduce the currency as to make legislation on the sub¬
ject unimportant.
If the General Assembly shall not approve this suggestion,
which I make with great diffidence, and shall decide to re¬
ceive one or both classes of the old issues in payment of the
public dues, I hope they will prescribe some rule by which
the Treasurer shall be governed in disbursing the different
classes of Confederate money. Is each claimant to be enti¬
tled to demand any class of Confederate currency in the
Treasury which he may prefer; or is he to pay out the poor¬
est, or the best, first ?
If the General Assembly conclude to receive the issues of
the second class, and to reject the first, or to postpone the
collection of the taxes, what is the Treasurer to do with the
issues of the first class now on hand, and which he must here¬
after receive from Sheriffs and others who now hold such
money for the State?
I further recommend, whatever the General Assembly may
do in the premises, that the Sheriff's be required, on or before
the 1st day of August, to pay into the Treasury the amount
they may have collected, and that the Treasurer may be au¬
thorized to fund all the old issues in the Treasury on the 1st
u
HOUSE JOURNAL.
[Session
day of August, with power to sell or use said bonds after¬
wards, as the exigencies of the Treasury may require.
In January last I made a contract with J. T. Patterson &
Co., of Columbia, S. C., for supplying the blank bonds and
treasury notes authorized by law to be issued. Owing to
difficulties which they allege they could not overcome, the
blanks, until lately, have been tardily supplied ; but they are
now coming forward rapidly. Mo3t of them have been re¬
ceived.
In the early part of the year I was compelled to sell State
bonds, and issue our treasury notes to meet the demands on
the Treasury. Isold bonds to individuals to the amount of
$110,500, at an average premium exceeding o per cent., and
to the Commissioners of the Sinking Fund, at par, to the
amount of $971,500. On the 19th of Feb. last I received
from the Confederate Government $1,289,495 28 due the
State for our advances in clothing our troops for the 1st and
2d quarters of 1862; and at other times since, I have re¬
ceived from the Confederate Government, for like advances
for the 4th quarter of 1S62, and the 1st quarter of 1S63,
$1,631,777 25. From these and other sources of less magni¬
tude, I have been able to meet promptly all demands on the
Treasury, and I now have in the Treasury $913,570 in Con¬
federate currency, and if the Confederate government shall
re-pay promptly the advances of the State for the clothing of
our troops, which I have no occasion to doubt, I do not fore¬
see any demands on the Treasury likely to require within a
few months a further sale of State bonds, or the issue of any
of our treasury notes, except fractional parts of a dollar for
change, and excepting the amount due to counties within the
lines of the enemy, under the act making an appropriation
of one million of dollars for the relief of the wives and fami¬
lies of soldiers in the army.
The Treasury was not in condition to pay the whole of this
appropriation at once, without an unnecessary increase of the
State debt; and I determined to pay it in four equal instal¬
ments—one on demand, and one on the 1st May, August and
1863.]
HOUSE JOURNAL.
15
November, believing it would, in this way, accomplish the
object as well as if ah paid at once.
Since the Treasury, by collections from the Confederate
government and other sources, has been supplied with Con¬
federate money, sufficient to meet all demands 011 it, I have
refused to pay out our treasury notes excepting fractional
parts of a dollar, and to counties within the lines of the ene¬
my, because the issue of our notes would have been equiva-
lent to borrowing money when the Treasury was amply sup¬
plied. Mauy of the county courts have urgently pressed me
fto pay in our notes, the quota due them for the support of
the wives and families of soldiers in the army, but as the
act specially provides that the counties within the lines of the
enemy shall be paid in our notes, 1 have construed it that the
•others were to be paid as other claims.
The commissioner for the county of Jones, has presented
to me an order passed by the county court of that county,
which accompanies this communication. This order directs
" that the funds received from the State Treasurer at Raleigh,
by Thos. J. Whitaker, commissioner and treasurer for the coun¬
ty of Jones, for the relief of indigent soldiers' families in said
county, be returned by said commissioner to the Treasurer
of the State, and request that the funds due the said county
of Jones, be paid in the treasury notes or current funds of the
State as provided by the terms of said act of the General
Assembly. The funds, now in the hands of the commissioner,
received from the Treasury of the dates prior to April 1863,
being uncurrent and not to be received in the payment of
taxes, as per circular from the Treasurer of the State."
The first instalment to the county of Jones, was paid 30th
March, and the second the 15th of May. These payments
were made in Confederate currency, (of what issue I do not
know, because 1 then understood, as I do now, that that
county was not within the lines of the enemy. I declined to
comply with either of the requests made in this order, but
promised to bring the matter to the attention of the General
Assembly.
16
HOUSE JOURNAL.
[Session
The circular referred to was issued at the suggestion of the
Council of State, and was not intended, and by no fair inter¬
pretation, aB I believe, can be construed as claiming any
power to forbid the Sheriffs to receive the old issues. It was
intended only as a recommendation to the Sheriffs, to ab¬
stain from receiving the old issues, as far as they could legally
do so, until the pleasure of the General Assembly should
be known.
I have made this general statement as to the condition and
management of the Treasury to enable the General Assembly
to see that the ways and means provided for the supply of
the Treasury are ample, and to enable them to apply the
proper corrective, if they shall disapprove any course in any
of the matters referred to.
If the General assembly shall approve my suggestion as to
postponing the collecting of the taxes, I think I shall be able
to meet the demands on the Treasury for several months with¬
out making any increase of the State debt, by the sale of State
bonds, or the issue of our treasury notes to any considerable
amount. Yery respectfully,
JONATHAN WORTH,
Public Treasurer.
Treasury Department, C. S. A.,
Richmond, May ISth, 1863.
Jona. Worthy Esq., Public Treasurer, Paleigk, JT. C.:
Dear Sir:—Fou have doubtless ere this, received the
reply which I gave your Representative in Congress Mr.
Thomas S. Ashe, to some inquiry which is made in your letter
of the 9th inst. I stated that your interpretation of the law
as to my authority to exchange treasury notes was quite cor¬
rect. I have no power to exchange the notes now to be
issued for those issued prior to the 2d December, 1862 ; or for
any others.
1863.]
HOUSE JOURNAL.
IT
In your letter of the 9th inst., you request, also, my opinion
whether the old issues of treasury notes will become uncur-
rent after 1st August.
Under the existing laws there are now three classes of cur¬
rent treasury notes:
1. Those issued prior to 1st December, 1862.
2. Those issued between 1st December, 1862, and 6th
April, 1863.
3. Those issued since 6th April, 1863.
All the classes are receivable without discrimination at the
treasury, for Confederate dues; and for the payment of each
the faith and revenues of the Confederacy are solemnly
pledged. There is, therefore, no difference as to the ultimate
payment of each class, the difference between them is a col¬
lateral advantage.
The first class is fundable in T per cent, bonds until 1st
August, after which they are no longer fundable at all.
The second class are also fundable in 7per cent, bonds until
1st August, after which they are fundable in ^ per cents.
The third class are fundable for one year from their issue,
in 6 per cent, bonds, after which they are fundable in 4per
cents.
The currency of neither class is affected by the legislation
of Congress further than by making a difference in their rela¬
tive value. The third class will be the most valuable after
the 1st August; but the difference of two 'per cent, in favor
of the bonds in which they can be invested will not be suffi¬
cient to throw the second class out of circulation—more
especially as the third class will not be sufficiently redundant
to supply the demands of the community.
It seems to me, therefore, that you may dismiss all concern
except as to the first class. The loss to this class, of the ad¬
vantage of funding, abates somewhat from their value, and
may lead the banks to decline receiving them on deposit, as
notes of less value than the general currency. But notwith¬
standing this their actual circulation in some form will con¬
tinue for several reasons: first, because they are available to
2
18
HOUSE JOURNAL.
[Session
pay the heavy taxes due by every person to the Confederate
government; secondly, because the notes themselves have
the same security for their payment as any other debt of the
Confederate government, the difference between them and
other notes being only relative ; and thirdly, because of this
difference, every holder will be disposed to part with and put
in circulation that which he deems less valuable.
Very respectfully,
Your obedient servant,
C. G. MEMMINGER,
Secretary of Treasury.
Treasury of Georgia,
Milledgeville, May 28, 1868.
Hon. Jonathan Worth, Pub. Treasurer, Raleigh, JV. C.:
Dear Sir :—On receipt of yours of the 11th inst., I took the
earliest occasion to submit to the consideration of the Gov¬
ernor, whose province it is by our Code to decide such ques¬
tions as you have done me the favor to propose.
Gov. Brown feels that, in a time like this, while the cadinal
principles and integrity of the Constitution and government
are to be guarded with sleepless vigilance and obstinate will,
questions merely pecuniary having a tendency to damage the
credit or depreciate the currency of the Confederate States,
should not be entertained.
The collection of our revenue begins about the first of Sep¬
tember, and unless some greater revulsion and depreciation
than we now apprehend shall appear, and the issue you speak
of be utterly worthless, (to which event the Governor is de¬
termined no act of Georgia shall contribute,) our collectors
will not be prohibited receiving at par an y issue of the Con¬
federacy intended for currency.
Our people are receiving in good faith for their produce
1863.]
HOUSE JOURNAL.
U
and in payment of debts all Confederate notes with but little
apprehension of loss, and I earnestly believe without other
expectation than to share the fortunes good and ill of the Con¬
federate States, at least until it shall come to pass, (which
God forbid) that the same aggressions on our constitutional
rights shall be attempted in the new, which we are so ear¬
nestly resisting in the old government.
With much respect, I am, sir,
Your obedient servant,
JOHN JONES,
Treas. of Georgia.
STATE OF NORTH-CAROLINA, 1
Jones County, f
Court of Pleas and Quarter Session, I
June Term, 1863. J
Ordered by the Court.—That the fund received from the
State Treasurer at Raleigh, by Thos. J. Whitaker, commis¬
sioner and treasurer for the county of Jones, for the relief of
indigent soldier's families in said county, be returned by said
commissioner to the Treasurer of the State, and request that
the funds due said county of Jones, be paid in the treasury
notes or current funds of the State, as prescribed by the terms
of said act of the General Assembly. The iunds now in the
hands of the commissioner received irom the Treasury of the
dates prior to April, 1863, being uncurrent and not to be re¬
ceived in the payment of taxes, &c., as per circular from the
Treasurer of the State.
Witness, lienj. Askew, Clerk of our said Court at Trenton,
the 4th Monday of June, A. D., 1863.
Given under my hand and seal of office at Trenton, this the
22d day of June, A. D., 1863.
BENJ. ASKEW, C. C. G.
20
HOUSE JOURNAL.
[Session-
On motion of Mr. "Watson,
Ordered, That the Message and Documents be sent to the
Senate "with a proposition to print.
On motion of Mr. Grissom,
Ordered, That a message be sent to the Senate proposing
to raise a joint select committee of three upon the pp-rt of the
Senate, and five upon the part of the House, to whom shall
be referred that part of the Message of the Governor relating
to financial affairs.
Received from the Senate, a message proposing at 12
o'clock to-morrow to go into secret session \ which was agreed
to.
On motion of Mr. Sherwood,
Ordered, That a message be sent to the Senate proposing
to raise a joint select committee of three upon the part of the
Senate, and five on the part of the House, to whom shall be
referred that portion of the Governor's Message relating, to
militia law.
On motion of Mr. Shober, the House adjourned until to¬
morrow at 11 o'clock.
WEDNESDAY, July 1,1863.
Mr. Thos, H. Gaskins, member elect from the county of
.Craven, in place of Mr. G. B. Barrow, Esq., appeared, pre¬
sented his credentials and was qualified in accordance with
the law.
Received from the Senate, a message announcing the
agreement of that body to the proposition to raise joint
select committees on the Governor's Message, and stating the
number composing its part of the same.
Ordered, That Messers. McAden, Shepherd, Robbins,
Person and Perkins constitute one part of the committee on
currency, and that Messrs. Sherwood, Grissom, McKay, Rus¬
sell of Brunswick, and Allison constitute one parjt of the
1B63.]
HOUSE JOURNAL.
21
committee on militia ; also that Mr. Jenkins take the place
of Mr. Fowle on the Judiciary Committee.
Mr. Shepherd presented a resolution as follows :
Resolved, That the hours of business in this House daring
the present session of the General Assembly, shall be as
follows: The House shall meet and be called to order at 9
o'clock, A. M. and continue in session until 1, P. M., then
have a recess until 3 o'clock and continue in session during
the pleasure of the House. Which was agreed to.
On motion of Mr. Shepard,
Ordered, That a message be sent to the Senate announcing
that the House will receive that body to-day at 12, M., and
that the House proposes to appoint a committee of two on
the part of each House to wait on His Excellency.
Ordered, That Messrs. Shepherd and Shober constitute our
part of said committee.
Mr. McKay introduced a resolution, No. 1, concerning the
currency. Read first time, passed and referred to the Com¬
mittee on Currency.
Mr. Walser introduced a bill, No. 2, authorizing the
Treasurer to fund Confederate notes, and for other purposes.
Read first time and passed and referred to the Committee on
Currency.
Mr. Avera a bill, No. 3, extending lists of exempts from
militia duty. Read first time and referred to Committee on
militia.
Mr. Henderson a bill, No. 4, to incorporate the Triune
Iron Works Company. Read first time, passed and referred
to the Committee on Internal Improvements.
Mr. Henderson moved to suspend the rules that the bill
be read the second time. Not agreed to.
Mr. Bernhardt a bill, No. 5, for the relief of B. G. Tuttle.
Read first time, passed, and the rules being suspended, was
passed its second and third readings.
Mr. Costner by leave presented a petition from sundry
citizens of Catawba county, praying that postmasters be ex-
22
HOUSE SOUKNAL.
[Session*
©mpted from militia service. Bead and referred to Militia
Committee.
Mr. Shepard introduced a bill, Ho. 6, to declare tbe rights
of parties who have drawn checks on the banks of this State
in certain cases. Bead first time, passed and referred to
Judiciary Committee.
Mr. Brown a bill in relation to the fees of the Countj
Begister in the county of Mecklenburg. Bead first time and
passed, and the rules being suspended it was passed its sec¬
ond and third readings.
Beceived from His Excellency the Governor, by his Pri¬
vate Secretary, Mr. B. H. Battle, a message transmitting the
resignation of Jas. H. Bryson, member from the county of
Cherokee.
On motion of Mr. Lyle,
Ordered, That a writ of election issue to be held on the
25th inst.
In accordance with the special order the House received
the Senate and His Excellency the Governor and went into
secret session.
Which being over,
Keeeived from the Senate a message stating a proposition
to raise a joint select committee of three on the part of the
Senate and five upon the part of the House, to whom shall
be referred the message of His Excellency delivered in se¬
cret session this day ; which was agreed to.
Beceived from the Senate a message stating its part of the
committee on the Governor's private message.
Ordered^ That Messrs. Shepherd, Walser, Love, Watson
and Shober constitute our part of said committee.
On motion of Mr. Sherwood,
Ordered, That a message be sent to the Senate proposing
to raise a joint select committee of three on the part of the
Senate and five on the part of the House to consider that
part of the Governors private message relating to deserters.
On motion, the House adjourned until to-morrow 9 o'clock.
1863.]
HOUSE JOURNAL.
23
THURSDAY, July 2,1863.
Mr. McCormick presented a petition from sundry citizens
of Harnett county concerning enslavement of free negroes
who commit crimes. Read and referred to the Judiciary
Committee.
Mr. Foy introduced resolutions No. S., concerning the
currency. Read first time and passed and referred to Com¬
mittee on Currency.
Mr. McCormick a bill, No. 9, to amend Revised Code con¬
cerning Justices of the Peace. Read first time and passed
and referred to Judiciary Committee.
Mr. McNeill by leave presented a petition from certain
citizens of Robeson concerning dogs killing sheep. Read
and referred to Judiciary Committee.
Mr. Grissom asked that leave be granted to the Militia
Committee to sit during the session of the House; which
was agreed to.
Received from the Senate a message stating its agreement
to the proposition to raise a joint select committee on that
part of the Governor's private message relating to deserters,
and stating its part of the same.
Ordered, That Messrs. Amis, Peebles, Waddell, George
and Benbury constitute our part of said committee.
Received from His Excellency the Governor a message
transmitting a report from the Trustee of the Literary Fund ;
which was read, and on motion of Mr. McCormick,
Ordered, That a message be sent to the Senate transmit¬
ting the message and report with a proposition to print.
Mr. Shepherd, from the Committee on Currency, presen¬
ted the following report, (with a bill accompanying, which
was read the first time) :
REPORT OF JOINT SELECT COMMITTEE ON THE
CURRENCY.
The Joint Select Committee, to whom is referred that por¬
tion of the message of his Excellency, the Governor, relating
to the question of the currency, has considered the matter
§4
House journal.
[Session
embraced in the reference, and submit the following report'
It is well known to the General Assembly, that the Conven¬
tion of this State, by an ordinance passed in February, 1862>
No. 35, declared that the treasury notes issued by the gov¬
ernment of the Confederate States should be received by
public officers in the payment of all dues for State and county
purposes. Since the passing of that ordinance, the provisions
of which have been faithfully kept and cheerfully observed
by the officers and people of this State, the Confederate Con¬
gress, by the act of March 23d, and the Congress of the Gen¬
eral Assembly of Virginia, by an act of later date, lias adopted
a policy which, in the judgment of many, has tended to de¬
preciate all of the said treasury notes issued previous to the
Oth of April last. The committee do not propose now to dis¬
cuss this policy, nor to express any dissent from the views of
those by whom it was introduced, further than to declare the
conviction of the General Assembly of North-Carolina, that
all the treasury notes issued by the Confederate States,
whether fundable or not after the first of August next, should
be received by our officers in payment of all dues, both for
State and county uses. For the purpose of reducing as far
as it may be practicable the large amount of paper money
now in circulation, without a breach of duty to the holders
cf such money, the committee recommend that the public
officers proceed forthwith to the collection of taxes, receiving
in payment of the same all Confederate treasury notes, and
pay the amount thus collected into the office of the Public
Treasurer or into such office of deposit as he may fix, on or
before the 28th day of July, in order that the same may be
funded in the seven per cent, bonds of the Confederate gov¬
ernment before the first day of August. Inasmuch as a large
portion of the public revenue cannot be paid within this time,
the public officers will afterwards proceed to collect the
amount that is unsettled, still receiving all issues of Confed¬
erate treasury notes, and account for the same to the Treasurer
as now required by law. It is believed that a policy such as
the committee indicates will be approved by the people of
1863.]
HOUSE JOURNAL.
25
the State, and that the effect of it will be wholesome and
beneficent in its results. To save the currency from all de¬
preciation and disparagement by legislative acts—to fill the
public mind with confidence and favor towards it, should be
regarded as a matter both ot interest and duty, if this may
be done with justice to our State and to the people whom we
represent.
The position of our State for deliberation of purpose, her
character for integrity, for faithful, patient and inflexible de¬
votion to the great cause in which we are struggling now is
so well known, so highly appreciated and so justly the pride
of her children everywhere, that from the policy which is
here adopted great good or evil may come to the public credit.
Let us not then venture upon a course of legislation which
shall produce alarm, distrust and discontent among our peo¬
ple—leaving them in unhappy and depressing doubt as to the
future—let us bear in mind the duties which we owe to our
sister States of the Confederacy, to whom we are united in
sympathy and interest, and forbear even to suggest any ex¬
treme measure unless the case be so strong that the act should
be done at any cost whatever. If we shall leave the Confed¬
erate treasury notes uncondemned, they will answer as they
now do all the purposes of trade and business—and the pa¬
triotic feeling of our people will arrest whatever may be the
confusing and mischievous tendency of legislation elsewhere,
and uphold with steadiness and unshrinking devotion the
great cause to which we have pledged " our lives, our for¬
tunes, and our sacred honor."
A bill is herewith reported, to embrace the matter recom¬
mended. J. G-. SHEPHERD,
For the Committee.
Mr. Shepherd moved that the rules be suspended, and that
the bill reported by the committee be put upon its second
and third readings; which was agreed to—yeas 83, nays 11.
Mr. Henry of Bertie called for the yeas and nays, and the
call being seconded by one-fifth of the members present,
26
HOUSE JOURNAL.
[Sessions
Those who voted in the affirmative are :
Messrs. Albritton, Alford, Amis, Barringer,, Beall, Beam,
Berry, Brown, Bryan, Burgin, Burns, Bynum, Carson, Cobb,
Costner, Craig, Crawford, Davenport, Dunn, Flynt, Foust,
Gentry, George, Gilliam, Glenn, Greene, Grier, Gaskins,.
Hampton, Harris of Cabarrus, Harris of Chatham, Harrison,
Hawes, Henderson, Headen, Hodges, Hollingsworth, How¬
ard, Horton, Ingram, Jenkins, Judkins, Kelly, Kerner,
Kirby, Laws, Logan, Long, Love, Lyle, McAden,. McCor-
mick, McKay, McNeill, McRae, Nissen, Parks, Patterson,
Perkins, Person, Powell, Reynolds, Richardson, Rives, Rob-
bins, Robinson, Rogers, Russ, Russell of Craven, Shepherd,
Sherwood, Shober, Smith of Guilford, Smith of Washington,
Spruill, Stanford, Stancill, Wallen, Walser, Watson, Well¬
born, Williams and Young of Iredell—83.
Those who voted in the negative are :
Messrs. Avera, Benbury, Best, Foy, Henry of Bertie,
Keener, Pearce, Peebles, Waddell, Woodall and Young of"
Yancey—11.
The reading of the bill was proceeded with by sections.
Mr. Waddell offered an amendment to the second section,
that all monies received by the Public Treasurer after July
28th, not necessary lor current expenses, shall be funded in
four per cent, bonds of the Confederate States.
Not agreed to—yeas 1, nays 9S.
Mr. Watson called for the yeas and nays, and the call being
seconded by one-fifth of the members present,
Mr. Waddell voted in the affirmative.
Those who voted in the negative are :
Messrs. Allison, Albritton, Alford, Amis, Avera, Bern¬
hardt, Barringer, Beall, Beam, Benbury, Berry, Best, Bond,
Brown, Bryan, Bumpass, Burgin, Burns, Bynum, Carpenter,
Carson, Cobb, Costner, Craig, Crawford, Davenport, Dunn,
Flynt, Foust, Foy, Gentry, George, Gilliam,-Gleen, Greene,
Grier, Grissom, Hampton, Harris of Cabarrus, Harris of
Chatham, Harrison, Hawes, Henderson, Henry of Bertie,.
Headen, Hodges, Hollingsworth, Howard, Horton, Ingram,
1863.1
HOUSE JOURNAL.
27
Jenkins, Judkins, Keener, Kelly, Kerner, Kirbv, Laws,
Logan, Long, Love, Lyle, Mann of Pasquotank, McAden,
McCormick, McNeill, McRae, Nissen, Parks, Patterson,
Pearee, Peebles, Perkins. Person, Powell, Reynolds, Rich¬
ardson, Rives, Robinson, Rogers, Russ, Russell of Brunswick,
Russell of Craven, Shepherd, Sherwood, Shober, Smith of
Guilford, Smith of "Washington, Spruill, Stanford, Stancill,
Wallen, Walser, Watson, Wellborn, Williams, Wood all,
Young of Iredell and Young of Yancey—98.
The bill then passed its second reading and was read the
third time and passed.
On motion of Mr. McCormick,
Ordered, That the rules being suspended the bill be im¬
mediately engrossed and sent to the Senate.
Received from the Senate a message stating the agreement
of that body to the proposition to print the Report of the
Literary Board.
Ordered, That Messrs. Gentry, Bynum, Alford, Gaskins,
and Barringer constitute our part of the committee on en¬
rolled bills.
Mr. Shepherd by leave introduced a bill, No. 11, to en¬
large the powers of the banks. Read first time, passed, and
the rules being suspended, was passed its third readings.
On motion of Mr. Long,
Ordered, That it be immediately engrossed and sent to the
Senate.
Mr. Brown introduced a bill, No. 12, repealing 31st section
of an ordinance chartering Piedmont Railroad Company.
Read first time and passed.
A motion to suspend the rules was not agreed to, and the
bill was referred to the Committee on Internal Improvements.
Mr. Grissom give notice that to-morrow he should move
to rescind the rule adopted yesterday as to the meeting of
the House.
Mr. Grissom moved that the rules be suspended and that
the House adjourn to meet to-morrow at 9 o'clock. Not
agreed to.
At 1 o'clock P. M. the House took a recess to 3 o'clock.
2S
HOUSE JOURNAL.
[Session
Afternoon Session, THURSDAY, July 2, 1863.
Mr. Beall introduced a bill, No. 13, to amend an act
authorizing the Governor to employ or impress slave labor
to work on fortifications. Read first time and passed. A
motion to suspend the rules was not agreed to.
Mr. Brown introduced a bill, No. 14, to incorporate the
North-Carolina Stock Insurance Company. Read first time
and passed. A motion to suspend the rules was not
agreed to.
Mr. Shepherd introduced a bill, No. 15, to allow fiducians
to invest in bonds or stocks of the Confederate States. Read
first time and passed.
On motion of Mr. Shepherd, the rules were suspended, and
the bill was read the second time.
On motion of Mr. Shober, it was amended by inserting
after the word "having" the words " or who may have."
Mr. Avera moved to amend by inserting "-land." Not
agreed to.
Mr. Waddell moved to amend by inserting " or purchase
slaves." Not agreed to.
Mr. McAden moved to amend by limiting the amount to
be invested in bonds to one-fourth. Not agreed to.
The bill then passed its second and third readings.
On motion of Mr. Shober, the House adjourned.
FRIDAY, July 3, 1863.
Mr. Beall, from the Committee on Internal Improvement,
reported House bill, No. 4, to incorporate the Triune Iron.
Works, favorably, with amendments.
Mr. Brown, from the same, reported favorably House bill
No. 12, to amend the Ordinance of the Convention incorpo¬
rating Piedmont Railroad Company.
A motion to suspend the rules, that the bill might be read
the second time, was not agreed to.
Mr. Grissom presented the following resolution:
1863.]
HOUSE JOURNAL.
29
Jiesolved, That his Excellency, the Governor, he, and he
is hereby requested to communicate to this House any and
all correspondence which he may have had with the Secre¬
tary of War relative to the jurisdiction of the Judges of this
State to issue writs of habeas corpus, to enquire into the loy¬
alty or illegality of the detention of citizens of this State in
the custody of Confederate officials; and also any and all
correspondence which he may have had with the same offi¬
cial in relation to the right claimed by the Confederate Gov¬
ernment to conscript the civil officers of this State: Pro¬
vided, in his opinion, the communication thereof would not
be prejudicial to the public interests.
Mr. Mann of Pasquotank, introduced resolutions of thanks
to Captain John Elliott, officers and men. Passed.
Mr. Kerner introduced a bill, No. 16, to incoiporate the
Kernersville High School. Read first time and passed. A"
motion to suspend rules not agreed to.
Mr. Logan a bill, No. 17, to amend the charter ot the
Shelby and Broad River Rail Road Company. Read first
time and passed. A motion to suspend the rules was not
agreed to.
Mr. Gentry a bill, No. 18, concerning bounty to soldiers.
Read first time and passed, and the rules being suspended,
was passed its second and third readings.
Mr. Keener a bill, No. 19, to allow further time for settle¬
ment with Agent of Cherokee Lands, in Jackson county.
Read first time and passed.
On motion of Mr. Ingram,
Ordered, That a message be sent to the, Senate, transmit¬
ting a nomination of a magistrate from Richmond county.
Received from the Senate a message, transmitting the Cur¬
rency bill, with amendments; which was read and agreed to.
The amendment to insert in section 6, line 1, ihe words " to
pay out to parties willing to receive them, or " was agreed
to—yeas 55, nays 36.
Mr. Person called for the yeas and nays, and the call being
seconded by one-fifth of the members present,
80
HOUSE JOURNAL.
[Session
Those who voted in the affirmative are :
Messrs. Alford, Amis, Bernhardt, Barringer, Beall, Ben-
bury, Berry, Best, Bryan, Burgin, Burns, Carpenter, Carson,
Craig, Duke, Flynt, Foust, Gentry, Greene, Hampton, Harris
of Chatham, Harrison, HoIIings worth, Horton, Ingram,
Keener, Kelly, Kerner, Laws, Long, Lyle, McAden, McCor-
mick, McNeill, McRae, Nissen, Parks, Patterson, Pearce,
Richardson, Robbins, Rogers, Russ, Shepherd, Shober, Smith
of Guilford, Spruill, Waddell, Wallen, Walser, Watson, Well¬
born, Woodall, Young of Iredell and Young of Yancey—55.
Those who voted in the negative are:
Messrs. Albritton, Avera, Beam, Brown, Bumpass, Bynum,
Cobb, Costner, Crawford, Davis, Dunn, Foy, Gilliam, Grier,
Gaskins, Harris of Cabarrus, Hawes, Henderson, Henry of
Bertie, Headen, Hodges, Howard, Judkins, Kirby, Logan,
Love, Mann of Pasquotank, Perkins, Person, Reynolds, Rives,
Robinson, Russell of Craven, Stanford, Stancill and Wil-
liam%—36.
Received from the Senate a message, stating its agreement
to the recommendation of a magistrate from Richmond
county.
A number of nominations of Magistrates were made, to be
sent to the Senate.
Mr. Person objected, and called for the yeas and nays ;
which call was seconded by one-fifth of the members present.
The motion to transmit the nominations to the Senate was
not agreed to—yeas 39, nays 51.
Those who voted in the affirmative are :
Messrs. Albritton, Alford, Avera, Bernhardt, Barringer,
Beall, Best, Bryan, Burgin, Carson, Craig, Davenport, Dunn,
Flynt, Foy, Greene, Gaskins, Hampton, Henry of Bertie,
Horton, Ingram, Kelly, Kerner, Lyle, Mann of Pasquotank,
McCormick, McNeill, McRae, Nissen, Parks, Pearce, Per¬
kins, Russell of Craven, Smith of Guilford, Wellborn, Wood-
all, Young of Iredell and Young of Yancey—39.
Those who voted in the negative are:
Messrs. Benbury, Berry, Brown, Bumpass, Carpenter,
1863.]
HOUSE JOURNAL.
81
Cobb, Costner, Crawford, Duke, Foust, Gentry, George, Gil¬
liam, Grier, Harris of Cabarrus, Harris of Chatham, Harri¬
son, Hawesj Henderson, Headen, Hodges, Howard, Jenkins,
Judkins, Keener, Kirby, Laws, Logan, Long, McAden, Pat¬
terson, Peebles, Person, Powell, Reynolds, Richardson, Rives,
Robbins, Robinson, Rogers, Russ, Shober, Smith of Wash¬
ington, Spruill, Stanford, Stancill, Waddell, Wallen, Walser,
Watson and Williams—51.
Mr. Bumpass introduced a bill, Ho. 20, for the Relief of
indigent Families of Soldiers. Read first time and passed.
Mr. Rives a bill, Ho. 21, to amend the act of 1862~'3 enti¬
tled " Revenue." Read first time and passed.
Mr. Amis a bill, Ho. 22, to increase the salary of the Pub¬
lic Librarian. Read first time and passed.
Mr. McAden a bill, Ho. 23, to amend an act to authorize
the Governor to employ or impress slave labor to work on the
fortifications. Read first time and passed, and referred to the
Judiciary Committee.
Mr. Russell of Craven, a bill, Ho. 24, in favor of Craven
-county. Read first time and passed, and referred to the Com¬
mittee on Propositions and Grievances.
On motion of Mr. Shepherd, the House went into Secret
Session, which being over, on motion of Mr. Henderson,
House bill, Ho. 4, to incorporate the Triune Iron Works was
taken up. The committee amendments, striking out the Dth
and 10th sections, and changing the name to " Henderson
Iron Works Company," were agreed to. The bill then passed
its second and third readings.
Received from the Senate, a message, proposing for the
remainder of this session to suspend the 5th joint rule of the
two Houses. Which was agreed to.
Received from the Senate, a message, stating a proposition
from that body to adjourn on Tuesday next to meet again
on the 4th Monday in Hovember.
Mr. Person called for a division of the question upon
agreeing to the proposition of the Senate.
And the question being shall the General Assembly, when
32
HOU&E JOURNAL.
[Session
it adjourns, meet again on the 4th Monday in November, it
was decided in the affirmative—yeas 45, nays 40.
A call for the yeas and nays being second by one-fifth of
the members present,
Those who voted in the affirmative are:
Messrs. Allison, Albritton, Amis, Bernhardt, Beall, Best,
Bryan, Bumpass, Burgin, Burns, Carson, Dunn, Flynt, Gris-
som, Harris, of Cabarrus, Harris, of Chatham, Harrison,
Henry, of Bertie, Henry, of Henderson, Headen, Hollings-
worth, Horton, Ingram, Keener, Kerner, Mannr of Pasquo¬
tank, McAden, McCormick, McKay, McNeill, Nissen, Perkins,
Richardson, Russell, of Brunswick, - Shepherd,' Sherwood,
Shober, Smith, of Guilford, Stanford, Waddell, Walser, Wat¬
son, Woodall, Young of Iredell, and Young, of Yancey—45.
Those who voted in the negative are :
Messrs. Berry, Brown, Cobb, Costner, Crawford, Davenport,
Poust, Foy, Gentry, George, Gilliam, Grier, Gaskins, Hamp
ton, Hawes, Henderson4, Hodgesp Howard, Jenkins, Judkins,
Kelly, Kirby, Laws, Lo^an, Long, Lyle, Mann, of Hyde,
Patterson, Pearce, Peebles, Person, Reynolds, Rives, Robbins,
Robinson, Rogers, Russell, of Craven, Smith, of Washington,
Stancill and Wallen—46.
The hour of 1 having arrived, the House took a recess to
3 o'clock.
Afternoon Session, FRIDAY, July 3, 1863.
On motion of Shepherd, the House went into Secret
Session, which being over, the unfinished business was taken
up, it being the proposition of the Senate to adjourn on
Tuesday next at half past 12 o'clock M., and it was agreed to.
Received from the Senate a message, transmitting the fol¬
lowing engrossed bills, which were read first time and passed:
No. 25, a bill to amend an " Act relative to the supply
of Salt."
1863.]
HOUSE JOURNAL.
33
No. 26, a bill to enable refugees and others to vote for mem¬
bers of Congress.
No. 27, a bill to amend chap. 5, of Revised Code.
No. 28, a bill in regard to the holding of Courts in and for
the county of Jones.
No. 29, a bill to amend chapter 60, of the Revised Code,
No. 30, a bill to incorporate the Gibson Hill Mi.ping;
Company.
No. 31, resolutions to amend " Resolutions to raise a com¬
mittee of investigation of Railroads of the State.
Received from the Governor a message transmitting the
correspondence between himself a'ld the Secretary of War
in relation to the habeas corpus.
The reading of which was continued until the adjournment.
Received from the Senate a message transmitting a nomi¬
nation of magistrate for Granville county. Which was
agreed to.
On motion of Mr. Grissom, the House adjourned.
SATURDAY, July 4, 1863.
Mr. Sherwood, from tfie Joint Select Committtee on Militia,
reported that the committee could not agree, and asked that
they be discharged from further duty. Concurred in.
Ordered, That a message be sent to the Senate stating the
substance of the report.
Mr. McAden introduced a resolution, No. 32, in favor of
Samuel J. Crawford. Read first time, and tlie rules being
suspended, was passed its second and third readings.
Mr. McNeill introduced a bill, No. 33, for the better pro¬
tection of Sheep. Read first time and passed. A motion to
suspend the rules was not agreed to.
The unfinished business of yesterday, it being the reading
pf the correspondence between bis Excellency and the Sec¬
retary of Wai", was completed.
3
Mouse journal.
[Session
Received from Hie Senate a message, stating that the Senator
agrees to discharge the Joint Select Committee on Militia.
Received from the Senate a message^ transmitting the fol¬
lowing engrossed bills, which were read first time and passed ?
No. 34, a bill to increase the pay of members of the Legis¬
lature. Under a suspension of the rnles, passed its second
and third readings.
No. 35, a bill to amend an act entitled an " Act for the
Relief of "Wives and Families of the Soldiers." Under a sus¬
pension of the rules, passed its second and third readings*
On motion of Mr. Waddell,
Ordered, That a message be sent to the Senate transmitting
the Go venter's message and correspondence with a proposi¬
tion to print.
Mr. Howard moved that the message be amended by -say¬
ing " print five hundred copies." Agreed to.
Mr. Sherwood introduced a bill, No. 36, to amend the
militia laws of the State. Read first time, passed, and ordered
to be printed, and made special order for Monday 10 o'clock.
Mr. McKay a bill, No. 37, to authorize the Governor to
raise 7,000 troops for six months service. Read first time,
passed, and ordered to be printed.
Mr. Mann, of Pasquotank, a bill, No 38, to amend an act
entitled " Wills & Letters Testamentary, &c., in counties now
in possession of the enemy." Read first time and passed. A
jnotion to suspend the rules was not agreed to, and the bill
was referred to the Judiciary Committee.
Mr. Shepherd moved to reconsider the vote, by which the
JJouse agreed to print the correspondence between his Excel?
leucy a.id the Secretary of War. Agreed to.
'On motion of Mr.. Shepherd, the proposition to print, was
amended by inserting that the Governor be requested to pro-
..cure and have printed the original records in the cases ot
■Irwin and Nicholson, and have them printed with, the cor¬
respondence. Agreed to.
A The motion to print as amended was then agreed to.
1863.]
HOUSE JOURNAL.
35
The following bills were passed their second' and third
readings:
No. 26, a hill to enable refugees and others to vote for mem¬
bers of Congress.
No. 27, a bill to amend chapter 55, of the Revised Code.
No. 28, a bill in regard to holding the Courts in and for
the county of Jones.
No. 30, a bill to incorporate the Gibson Hill Mining
Company.
No. 25, a bill to- amend an act in relation to the supply
of Salt.
Amended, on motion of Mr. Mann, of Pasquotank, by
striking out "twelve Justices" and inserting "seven Jus¬
tices."
No. 29, a bill to amenci chapter 60, of the Revised Code,
was rejected.
No. 31, resolutions to amend the "resolutions to raise a
committee of investigation of the Railroads of the State,
was rejected.
A bill, No. 12, to amend an ordinance of the Convention
chattering the Piedmont Railroad Company was read the
second time and passed—yeas 44, nays 39.
A call for the yeas and nays being seconded by one-fifth
of tlie members present,
Those who voted in the affirmative are :
Messrs. Allison, Amis, Bernhardt, Beall, Benbury, Brown,
Bumpass, Burgin, Carson, Costner, Davenport, Flynt, Foust,
Gentry, George, Gilliam, Glenn, Hampton, Harris of Cabar¬
rus, Harris of Chatham, Henderson, Henry of Henderson,
Headen, Hollingsworth, Howard, Horton, Kelly, Kerner,
Love, Lyle, McCormick, McKay, McRae, Nissen, Parks,
Rives, Robbins, Shepherd, Sherwood, Shober, Smith of
Guilford, Wallen, Walser and Williams—44.
Those who voted in the negative are:
Messrs. AJbritton, Avera, Barringer, Beam, Best, Bond,
Bryan, Burns, Carpenter, Cobb, Craig, Crawford, Davis,
Duke, Foy, Greene, Grissom, Gaskins, Hawes, Henry of
38
HOUSE JOURNAL.
[Session
Bertie, Hodges, Judkins, Keener, Kirby, Mann of Hyde,
Mann of Pasquotank, McNeill, Perkins, Powell, Richardson,
Robinson, Rus9, Russell of Brunswick, Russell of Craven,
Smith of Washington, Stanford, Stanciil, Woodall and
Young of Iredell—39.
Afternoon Session, SATURDAY, July 4, 1863.
No. 13, a bill to amend an act authorizing the Governor'to
employ or impress slave labor to work on fortifications. Was
read the second time and laid on the table.
The following bills passed their second and third readings:
No. 18, a bill to incorporate the Kernsville High School.
No. 14, a bill incorporate the North-Carolina Stock Insur¬
ance Company.
No. 17, a bill to amend the charter of the Broad Rivei
Railroad Company.
No. 19, a bill to extend time for settlement with the agent
of Cherokee Lands in Jackson county.
No. 20, resolution for the Relief of indigent Families cf
Soldiers.
No. 22, a bill to increase the salary of the Public Librarian.
No. 21,'a bill to amend act of 1S62~'3, entitled "Rev¬
enue." Was laid on the table.
Received from the Senate a message, transmitting the fol¬
lowing bills, which were passed their second and third
readings:
No. 38, a bill in favor of the sureties of Josiah Hodges.
No. 39, a bill authorizing' the President and Directors of
the Literary Fund to elect a Treasurer.
No. 33, a bill to provide for the better protection of Sheep.
Was read the second time.
On motion of Mr. A vera, it was amended by inserting
"$50 fine and "15 days" imprisonment instead of "$100
fine " and " 30 days " imprisonment.
. The bill then passed its second reading—yeas 53, nays 27.
1863.]
HOUSE JOURNAL.
ST
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Allison, Avera, Barringer, Beall, Beam, Benbury,
Best, Brown, Bryan, Bumpass, Bnrgin, Costner, Craig, Daven¬
port, Duke, Dunn, Gilliam, Glenn, Greene, Grissom, Gaskins,
Harris of Cabarrus, Harris of Chatham, Henry of Hender¬
son, Headen, Hodges, Howard, Ingram, Judkins, Keener,
Kelly, Kerner, Kirby, Lyle, McNeill, McRae, Powell, Rey¬
nolds, Richardson, Rives, Robinson, Russ, Russell of Bruns¬
wick, Russell of Craven, Sherwood, Smith of Washington,
Stanford, Stancill, Wallen, Wellborn, Woodall, Young of
Iredell, and Youngof Yancey—53.
Those who voted in the negative are :
Messrs. Abritfon, Bernhardt, Carson, Cobb, Crawford, Foust,
Foy, Gentry, George, Hampton, Hawes, Henderson, Henry
of Bertie, Hollingsworth, Horton, Mann of Hyde, Mann of
Pasquotank, Nissen. Parks, Pearce, Perkins, Bobbins, Shep¬
herd, Shober, Smith of Guilford, Wad dell and Walser—27.
The bill'was then read the third time.
Mr. Henry, of Bertie, moved to amend by striking out the
penalty of imprisonment.
Agreed to—yeas 58, nays 27.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who vote 1 in the affirmative are :
Messrs. Albritton, Amis, Avera, Bernhardt, Barringer,
Benbury, Best, Brown, Bryan, Carson, Cobb, Craig, Craw¬
ford, Duke, Dunn, Flynt, Foust, Foy, Gentry, George, Glenn,
Greene, Grissom, Hampton, Harris of Cabarrus, Hawes,
Henderson, Henry of Bertie, Headen, Hollingsworth, How¬
ard, Horton, Ingram, Kerner, Mann of Hyde, Mann of Pas¬
quotank, McCormick, McKay, Nissen, Parks, Pearce, Per¬
kins, Richardson, Robbins, Russ, Shepherd, Sherwood, Sho¬
ber, Smith of Guilford, Smith of Washington, Waddell,
Wallen, Walser, Wellborn, Williams, Woodall, Young of
Iredell and Young of Yancey—58.
38
HOUSE JOURNAL.
[Session
Those who voted in the negative are:
Messrs. Allison, Beall, Beam, Burgin, Costner, Davenport,
Gilliam, Gaskins, Harris of Chatham, Henry of Henderson,
Hodges, Judkins, Keener, Kelly, Kirby, Lyle, McNeil!, Mc-
Rae, Powell, Reynolds, Rives, Robinson, Russell of Bruns¬
wick, Russell of Craven, Stanford and Stancill—26.
Mr. Henry, of Bertie, moved that the bill be laid on the
table. Not agreed to.
A call for the yeas and nays was not seconded by one-fifth
cf the members present.
. On motion of Mr. Avera, the bill ^ as further amended by
inserting "or refuses to have the same doue" after "killed.n
The bill then passed its third reading.
Received from the Senate a message transmitting tl e fol¬
lowing engrossed bill and resolutions:
A bill to authorize the Governor to sign certain State
Bonds. Read first time and passed, and the rules being
suspended, was passed its second and third readings.
Resolutions concerning the Confederate cnrreney and de-
precatiug repudiation.
Mr. Kirby moved' that they be laid on the table. Not
agreed to—yeas 2, nays 77.
Mr. Sherwood called for the yeas and nays, and the call
being seconded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs. Hodges and Kirby—2.
Those who voted in the negative are :
Messrs. Ailison, Albritton, Amis, Avera, Barringer, Beam,
Benbury, Best, Bond, Bryson, Bumpass, Burgin, Burns, Car¬
son, Cobb, Costner, Craig, Crawford, Davenport, Davis,
Duke, Dunn, Flynt, Foust, Foy, Gentry, George, Glenn,
Greene, Grissom, Gaskins, Hampton, Harris of Cabarrus,
Harris of Chatham, Harrison, Hawes, Henry of Bertie, Hen¬
ry of Henderson, Headen, Howard, Ilorton, Ingram, Jud¬
kins, Keener, Kelly, Kern er, Lyle, Mann of Hyde, Mann of
Pasquotank, McCormick, McKay, McNeill, Nissen, Parks,
Pearce, Perkins, Richardson, Rives, Robbins, Robinson
1863. J
HOUSE JOURNAL.
39
Russ, Russell of Brunswick, Russell of Craven, Shepherd,
Sherwood, Shober, Smith of Guilford, Smilh of Washington,
Stancill, Waddell, Wallen, Walser, Wellborn, Williams,
Woodall, Young of Iredell and Young of Yaucey—77.
Mr. Kirby moved to strike out the word " unwise" before
" Legislation of the Confederate Congress." Not agreed
to—yeas 21, nays 66.
Mr. Williams called for the yeas and nays, and the call
being seconded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs. Brown, Bumpass, Cobb, Costner, Crawford, Da¬
venport, Davis, Harris of Cabarrus, Henderson, Hodges,
Kirbv, Love, Powell, Reynolds, Rives, Robinson, Russell of
Craven, Shepherd, Stanford, Stancill and Williams—21.
Those who voted in the negative are :
Messrs. Allison, Albritton, Amis, Avera, Bernhardt, Bar*
ringe^, Beall, Beam, Benbury, Best, Bryan, Burgin, Burns,
Carson, Craig, Duke, Dunn, Flynt, Foust, Foy, Gentry,
George, Glenn, Greene, Grissom, Gaskins, Hampton, Harris
of Chatham, Harrison, Hawes, Henry of Bertie, Henry of
Henderson, Headen, Hollingswortk, Howard, Horton, In¬
gram, Judkins, Keener, Kelly, Kerner, Lyle, Mann of Hyde,
Mann of Pasquotank, McCormick, McKay, McNeill, Nissen,
Parks, Pearce, Perkins, Richardson, Robbins, Russ, Russell
of Brunswick, Sherwood, Shober. Smith of Guilford, Smith
Washington, Waddell, Wallen, Walser, Wellborn, Woodall,
Young of Iredell and Young of Yancey—(|6,
The resolutions then passed.
Mr. Amis, from the Committee to consider the Governor's
Message concerning deserters, introduced a bill, No. 42, to
punish aiders and abettors of deserters.
A motion to print was not agreed to.
Mr. Walser moved to reconsider the vote by which resolu¬
tions No. 31 were rejected. Not agreed tq.
Mr. Walser introduced a hill, Nq. 43, tq amend Rq vised
Code, Chapter 21, Section 1. Read first time and passed,
4- suspend the rules was not agreed to,
40
HOUSE JOURNAL.
[Sessiori
Mr. Cobb moved to suspend the rules that the bill just re¬
ported by Mr. Amis might; be taken up. Agreed—yea9 69,
nays 11.
A call for the yeas and pays being seconded by one-fifth of
the members present,
Those who voted in the affirmative are :
Messrs. Allison, Albritton, Amis, Bernhardt, BarriDger,
Beall, Beam, Benbury, Best, Brown, Bryan, Bumpass, Bur-
gin, Burns, Carpenter, Carson, Cobb, Costner, Crawford,
Davenport, Davis, Duke, Dunn, Flynt, Foy, Gentry, George,
Glenn, Greene, Gaskins, Hampton, Harris ot Cabarrus, Har¬
ris of Chatham, Hawes, Henderson, Henry of Henderson,
Headen, Hodges, Howard, Ingram, Judkms, Keener, Kelly,
Kerner, Kirby, Love, Mann of Pasquotank, McCormick, Mc¬
Kay, McNeill, Nissen, Powell, Reynolds, Richardson, Rives,
Robinson, Russ, Russell of Craven, Shepherd, Skecwood,
Shober, Smith of Guilford, Smith of Washington, Stanford,
Stancill, Walser, "Wellborn, Williams and YouDg of Ire¬
dell -69.
Those who voted in the negative are:
Messrs. A vera, Foust, Grissom, Henry of Bertie, Horton,
Mann of Hyde, Perkins, Robbins, Russell of Brunswick,
Wallen and Woodall—11.
Mr. Grissom moved to adjourn. Not agreed to.
The bill was passed its second and third readings.
Mr. Harris, of Chatham, moved a reconsideration of Sen¬
ate bill No. 29 to amend chapter 60 of the Revised Code.
Agreed to.
Mr. Harris now moved to amend the bill by striking out
"15-cents" and inserting "10 cents." Agreed to.
The bill then passed its third reading.
Mr. Grissom moved to reconsider tne vote by which the
House agreed to adjourn on Tuesday next. Not agreed to.
The House adjourned until to-morrow 9 o'clock.
1863.]
HOUSE JOURNAL.
41
MONDAY, July 6, 1863.
Ordered, That Messrs. Robbins, Russell of Craven, Henry
of Henderson, Powell and Stancill constitute our part of the
Committee on Enrolled Bills.
Mr. Kerner presented a petition from citizens of Eor-
syth, praying that no more troops be taken from that county.
Read and referred to the Committee on Military Affairs.
Mr. Pearce presented a petition from certain physicians
and druggists, praying that W. G. Collins be allowed to dis¬
til alcohol for medical purposes. Read and referred to the
Committee on Propositions and Grievances.
Mr. Allison, from the Committee on Propositions and
Grievances, reported favorably House Bill No. 24, in favor
of Craven County.
On motion of Mr. Russell, of Craven, the rules were sus¬
pended, and the bill passed its second and third readings.
Mr. Gaskins presented a resolution, No. 44, of thanks to
Capt. T. N. "Whitford's Company. Passed.
Mr. Gaskins introduced a resolution, No. 45, in favor of A.
C. Latham, sheriff of Craven county. Read first time and
passed, and the rules being suspended, was read the second
time.
On motion of Mr. Beam, the resolution was amended by
inserting also the name of G. M. Greene, late sheriff of
Cleveland. The resolution then passed its second and third
readings.
Mr. Cobb a bill, No. 46 in reference to a militia force for
the State. Read first time and passed.
Mr. Waddell presented a resolution, as follows:
Resolved, That his Excellency, Governor Vance, be re¬
quested, if compatible with his sense of propriety, to furnish
this General Assembly with a copy of the requisition made
upon him for 7,000 troops by the President of the Confed¬
erate States.
Mr. McKay moved to lay the resolution on the table*
Agreed to.
Mr. Pearce introduced a bill, No. 47, to allow a distiller of
42
HOUSE JOURNAL.
[Session
alcohol in Franklin county. Read first time and passed. A
motion to suspend the rules was not agreed to.
Mr. Foy, a bill No. 48, for the relief of persons charged
with a double tax. Read first time and passed.
Received from the Senate, a message, transmitting the fol¬
lowing resolution, which passed its second and third readings:
Resolution requiring the Adjutant General to prepare a
tabular statement of the number of conscripts and volunteers
in tl le several counties of the State.
Mr. Grissom moved to suspend the rules, that he might
move a reconsideration of the vote on Mr. Waddell's resolu¬
tion. Agreed to.
Mr. Grissom moved to reconsider. Which was agreed to.
On motion of Mr. Shepherd, the House went into Secret
Session, which being over, House bill, No. 12, to amend 31st
section of ordinance of the Convention incorporating the
Piedmont Railroad Company, was read the third time and
passed—yeas 48, nays 42.
Mr. Mann, of Pasquotank, called for the yeas and nays,
which call being seconded by one-fifth of the members
present,
Those who voted in the affirmative are :
Messrs. Amis, Bernhardt, Barringer, Beall, Beam, Berry,
Brown Burgin, Costner, Davenport, Foust, Gentry, George,
Gilliam, Glenn, Hampton, Harris of Cabarrus, Harris, of
Chatham, Harrison, Henry of Henderson, Headen, Hollings-
worth, Howard, Ilorton, Ingram, Kelly, Kerner, Lemmonds,
Long, Love, McCormick, McNeill, McRae, Nissen, Parks,
Patterson, Reynolds, Richardson, Rives, Robbing, Robinson,
Sherwood, Shober, Smith of Guilford, Wallen, Walser, "Wat¬
son and Williams—48. -
Those who voted in the negative are:
Messrs. Allison, Albritton, Avera, Best, Bond, Bryan,
Burns, Carpenter, Carson, Cobb, Craig, Davis, Dunn, Foy,
Greene, Gaskins, Hawes, Henderson, Henry of Bertie, Jen¬
kins, Joyner, Judkins, Keener, Kirby, Lyle, Mann, of Hyde,
Mann of Pasquotank, Pearce, Peebles, Perkins, Persop,
1863.]
HOUSE JOURNAL.
43
Powell, Rogers, Russ, Russell of Brunswick, Russell of
Craven, Smith of Washington, Stancill, Wellborn, Woodall,
Young, of Iredell and Young of Yancey—42.
Mr. Beall moved to reconsider the vote by which the House
agreed to print the correspondence between the Governor
and the Secretary of War. Agreed to.
Pending the consideration of the motion to print, the
House took a recess.
Afternoon" Session, MONDAY, July 6, 1863.
The question'being shall the correspondence be printed.
It was not agreed to—yeas 43, nays 50.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Allison, Albritton, Avera, Benbury, Best, Burgin,
Carpenter, Dunn, Flynt, Foust, Greene, Grissom, Harrison,
Henry, of Bertie, Henry of Henderson, Howard, Horton,
Ingram, Jenkins, Keener, Kelly, Kerner, Lyle, Mann of
Hyde, Mann of Pasquotank, McAden, McCormick, Pearee,
Perkins, Robbins, Rogers, Russell of Brunswick, Sherwood,
Shober, Smith of Guilford, Waddell, Wallen, Walser, Watson,
Wellborn, Woodall and Young of Yancey—43.
Those who voted in the negative are :
Messrs. Amis, Bernhardt, Barringer, Beall, Beam, Berry,
Bryan, Bumpass, Burns, Cobb, Costner, Craig, Crawford,
Davenport, Davis, Duke, Foy, Gentry, George, Gilliam,
Gaskins, Hampton, Harris of Cabarrus, Harris of Chatham,
Hawes, Henderson, Headen, Joyner, Kirby, Long, Love,
McKay, McNeill, McRae, Parks, Patterson, Peebles, Person,
Powell, Reynolds, Richardson, Rives, Robinson, Russ, Rus¬
sell of Craven, Shepherd, Smith of Washington, Stancill,
Williams and Young of Iredell—50.
Mr. Shepherd presented a report from the Public Treasurer
to the Committee on Currency. Read and
44
HOUSE JOURNAL.
[Session
Ordered, That a message be sent to the Senate transmitting
the report and accompanying papers, with a proposition that
they be referred to the Committee on Finance. (
The special order was then taken up, it being the Militia
bill introduced by Mr. Sherwood, to which Mr. McKay in¬
troduced his bill as a substitute.
The question being shall the House adopt Mr. McKay's
bill, it was decided in the negative—yeas 39, nays 54.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Bryan, Cobb, Costner, Crawford, Davenport, Davis,
Duke, Foy, Gentry, George, Gilliam, Gaskins, Harris of
Cabarrus, Hawes, Henderson, Henry of Henderson, Jenkins,
Joyner, Judkins, K°ener, Kirby, Lemmonds, Love, McKay,
McNeill, McRae, Peebles, Person, Powell, Reynolds, Rich¬
ardson, Rives, Robinson, Russ, Russell of Craven, Shepherd,
Smith of Washington, Sprnill and Williams—39.
Those who voted in the negative are:
Messrs. Allison, Albritton, Amis, Avera, Bernhardt, Bar-
ringer, Beall, Beam, Benbury, Berry, Best," Bnrgin, Carpen¬
ter, Carson, Craig, Dunn, Flynt, Foust, Glenn, Greene,
Hampton, Harris of Chatham, Harrison, Henry of Bertie,
Headen, Hollingsworth, Howard, Horton, Ingram, Kerner,
Long, Lyle, Mann of Hyde, Mann, of Pasqnotank, McCor-.
mich, Nissen, Patks, Patterson, Pearce, Perkins, Robbins,
Rogers, Russell of Brunswick, Sherwood, Shober, Smith of
Guilford, Stancill, Waddell, Walien, Walser, Watson, Well¬
born, Woodall and Young of Yancey—54.
On motion of Mr. Beall, the bill was amended by inserting
among the exempts " all persons engaged in editing or pub¬
lishing classical or common school books, and all persons
actually engaged in printing or binding such books."
Mr. Peebles moved to amend by striking out " all persons
members of religious churches or sects wThose tenets forbid
the bearing of arms." Agreed to—yeas 57, nays 38.
1863.]
HOUSE JOURNAL.
45
A call for the yeas and nays was seconded by one-fifth of
the members present,
Those who voted in the affirmative-are :
Messrs. Bernhardt, Beall, Beam, Brown, Bryan, Bumpass,
Burgm, Burns, Carpenter, Carson, Cobb, Costner, Craig,
Crawford, Davenport, Davis, Duke, Dunn, Foy, Gentry,
George, Gilliam, Gaskins, Hampton, Harris of Cabarrus,
Harris of Chatham, Harrison, IIawes, Henry of Henderson,
Howard, Horton, Jenkins, Joyner,Keener, Kirby, Lemmonds,
Long, Lave, Mann of Hyde, Mann of Pasquotank, McKay,
McNeill, Parks, Peebles, Person, Powell, Beynolcls, Rich-
ardson, Rives, Robinson, Russ, Russell of Craven, Shepherd?
Smith of Washington, Spruill, Stancill and Williams—57.
Those who voted in the negative are:
Messrs. Allison, Albritton, Amis, Avera, Barringer, Ben-
bury, Berry, Best, Foust, Glenn, Greene, Grissom, Henderson,
Henry of Bertie, Headen, Hollingsworth, Judkins, Kelly,
Kerner, Lyle, McAden, McCormick, McRae, Nissen, Patter¬
son, Perkins, Robbins, Rogers, Russell of Brunswick, Sher¬
wood, Smith of Guilford, Waddell, Wallen, Walser, Watson,
Wellborn, Woodall and Young of Yancey—38.
Mr. Peebles moved to amend by striking out the words
u and the presidents and cashiers of the bank of the- State."
Not agreed to—yeas 42, nays 51.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are :
Messrs. Albritton, Beam, Berry, Bryan, Bumpass, Burgin,
Burns, Carpenter, Cobb, Costner, Craig, Crawford, Daven¬
port, Duke, Foy, Gentry, George, Gilliam, Gaskins, Harris
of Chatham, Harrison, Ilenry of Henderson, Ingram, Jud¬
kins, Keener, Lemmonds, Love, Mann of Pasquotank, McKay,
McRae, Peebles, Person, Powell, Reynolds, Robinson, Russ,
Russell of Craven, Shepherd, Spruill, Stancill, Waddell and
Williams—42.
Those who voted in the negative are :
Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Beall,
46 HOUSE JOURNAL. [Session
Benbury, Best, Brown, Carson, Dunn, Flynt, Foust, Glenn,
Greene, Grissom, Hampton, Harris. of Cabarrns, Hawes,
Henderson, Henry of Bertie, Headen, Hollings worth, How¬
ard, Horton, Jenkins, Joyner, Kelly, Jterner, Long, Lyle,
Mann of Hyde, McCormick, McNeill, Nissen, Parks, Patter¬
son, Perkins, Richardson, Robbins, Rogers, Russell of Bruns¬
wick, Sherwood, Smith of Guilford,-Smith of "Washington,
Wallen, Walser, Watson, Wellborn, Woodall and Young of
Yancey—51.
On motion of Mr. Waddell, the bill was amended by insert¬
ing " one deputy sheriff for each .county."
Mr. Hawes moved to amend, after section 2d, "and so
___ ' £
many clerks of the Wilmington & Weldon and Wilmington &
Manchester Railroad as the president and superintendent
may deem necessary." Not agreed to.
Mr. Walser moved to amend by inserting "and such other
persons as the Governer may deem necessary." Accepted.
Mr. Shober moved to amend- by inserting " mail contrac¬
tors." Agreed to.
Mr. Waddell moved to insert the " necessary employees
in iron foundries." Accepted.
Mr. Love moved to amend by inserting " all executive and
judicial officers of the Confederate Government."" Accepted.
Mr. Brown moved to amend by inserting "tellers." Not
agreed to.
Mr. Harris, of Cabarrus, moved to amend by inserting
" two shoemakers for each court house beat, and one shoe¬
maker for each beat in every county."
Mr. Kirby moved to amend by striking out "justices of the
peace." Not agreed to—ayes 42, nays 47.
A call for the yeas and nays being seconded by one-fffth
of the members present,
Those whose voted in the affirmative are :
Messrs. Amis, Beam, Berry, Brown, Bumpass, Burgin,
Burns, Cobb, Costner, Crawford, Davenport, Duke, Foy,
Gentry, George, Gaskins, Harris of Cabarrus, Harris of
Chatham, Hawes, Henderson, Henry of Henderson, Headen,
1863.]
HOUSE JOURNAL.
47
Jenkins, Judkins, Keener, Lemmonds, Love, McAden, Pat¬
terson, Peebles, Person, Eowell, Reynolds, Richardson, Rob¬
inson, E^uss, Russell of Graven, Shepherd, Smith of Wash¬
ington, Spruill, Steincill, Waddell and Williams—42.
Those who voted in the negative are:
Messrs. Allison, Albritton, Avera, Bernhardt, Barringer,
BeaH, Ben bury Best, Bryan, Carpenter, Carson, Davis, Dunn,
Foust, Glenn, Greene,. Grissom, Harrison, Henry of Bertie,
Hollings worth, Howard, Horton, Ingram, Kelly, Kerner,
Long, Lyle, Mann of Hyde, Mann ot Pasquotank, McCor-
mick, McNeill, McRae, Nissen, Parks ,Pearce, Perkins, Rob-
bins, Rogers, Russell of Brunswick, Sherwood, Shober, Smith
of Guiiford, Wallen, falser, Wellborn, Woodall and Young
of Yancey—47. .
Mr. Stancill moved to strike out all the exemptions. Not
agreed to.
Mr. Shober moved to amend by inserting " regular wagon
makers."
Mr. Sherwood accepted the amendment.
Mr, Person raised a point of order whether Mr. Sherwood
had the right to accept an amendment.
The Speaker decided that except by leave Mr. Sherwood
could not accept the amendment.*
The amendment Was not agreed to.
Mr. Person moved to amend by striking out the " Governor
shall appoint," and inserting " the rank and file shall elect."
Agreed to—yeas 72, nays 16.
A call for the yeas and nays being seconded by one-fifth of
the members present,
Those who voted in the affirmative are:
Messrs. Albritton, Ayera, Bernhardt, Barringer, Beall,
Beam, Berry, Best, Brown, Bryan, Bumpass, Burns, Car¬
penter, Carson, Cobb, Costner, Crawford, Davenport, Davis,
Duke, Dunn, Foust, Foy, Gentry, George, Gilliam, Greene,
Hampton, Harris of Chatham? Harrison, Hawes, Henderson,
Henry of Bertie, Headen, HollingSworth, Howard, Horton,
Ingram, Judkins, Kelly, Kerner, Kirby, Lemmonds, Long,
HOUSE JOURNAL.
[Session
Love, Mann of Pasquotank, McCormick, McKay, McNeill,
McRae, Nissen, Parks, Pea'rce, Peebles, Perkins, Person,
Powell, Reynolds, Robbins, Robinson, Rogers, Russ, Russell
of Graven, Smith of Guildford, Smith of Washington, Stan-
cill, Waddell, Walser, Wellborn, Williams, WooSali and
Touxtg of Yancey—72.
Those who voted in the negativefare:
Messrs. Allison, Amis, Burgin, Glenn, Grissom, Gaskins,
Harris of Cabarrus, Henry of Henderson, Keener, Rich¬
ardson, Russell of Brunswick, Shepherd, .Sherwood, Shober
and Wallen—16.
Mr. Allison rose to a privileged question, and presented
the following resolution :
Whereas, J. H. Foy, a member of this House, from the
county of Onslow, has caused to be placed upon the desks of
the members of this House, a card, personal and abusive in
its character of some of its members, and in derogation of
the dignity of the House and the privileges of its members
Resolved, That the Speaker appoint a Select Committee of
five to enquire and report to this House what action shall be
had in relation to the breach of its ^privileges by said Foy.
Which was agreed to,
Ordered, That Messsrs. Allison, Shepherd, Robbins, Person
and Shober be said Committee.
Mr. Stancili moved to amend by adding at the end of the
second section " and all farmers." Not agreed to—yeas 42,
nays 44.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are :
Messrs. Amis, Avera, Bernhardt, Berry, Bhmpass, Craw¬
ford, Davis, Dunn, Foy, Gentry, £reorge, Gilliam, Hawes,
Henderson, Henry of Bertie, Headen, Joyner, Keener, Ker-
ner, Kirby, Lemmonds, Mann of Pasquotank, McAden,
McCormick, McKay, Nissen, Patterson, Peebles, Perkins,
, Person, Powell, Reynolds, Robinson, Rogers, Russ, Russell
1863.]
HOUSE JOURNAL.
49
of Craven, Stancill, Waddell, Wallen, Williams, Woodall
and Young of Yancey—42.
Those who voted in the negative are:
Messrs. Allison, Albritton, Barringer, Benbury, Best, Bryan,
JBurgin, Burns, Carpenter, Carson, Cobb, Davenport, Duke,
Flynt, Foust, Glenn, Greene, Grissom, Gaskins, Hampton,
Harris of Cabarrus, Harris of Chatham, Harrison, Henry
of Henderson, Howard, Horton, Judkins, Kelly, Long, Love,
Lyle, McNeill, McRae, Parks, Pearce, Richardson, Bobbins,
Russell of Brunswick, Shepherd, Sherwood, Shober, Smith
of Guilford, Spruill and Wellborn—44.
The bill then passed its second reading—yeas 47, nays 44.
A call for the yeas and nays being seconded by «ne-fith
of the members present,
Those w ho voted in the affirmative are:
Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Best,
Burgin, Carpenter, Carson, Craig, Dunn, Flynt, Foust, Glenn,
Greene, Grissom, Hampton, Harris of Chatham, Harrison,
Henry of Bertie, Hollingsworth, Howard, Horton, Ingram,
Keener, Kelly, Kerner, Lyle, Mann of Pasquotank, McCor-
mick, McNeill, McRae, Nissen, Parks, Pearce, Perkins,
Robbins, Russell, of Brunswick, Sherwood, Shober, Smith
of Guilford, Waddell, Wallen, Walser, Wellborn, Woodall
and Young of Yancey—47.
Those who voted in the negative are:
Messrs. Albritton, Beam, Benbury, Berry, Brown, Bryan,
Bumpass, Burns, Cobb, Costner, Crawford, Duke, Foy, Gen¬
try, George, Gilliam, Harris of Cabarrus, Hawes, Henderson,
Headen, Jenkins, Judkins, Kirby, Lemmonds, Long, Love,
Mann of Hyde, McAden, McKay, Patterson, Peebles, Per¬
son, Powell, Reynolds, Richardson, Rives, Robinson, Rogers,
Russ, Russell of Craven, Shepherd, Smith of Washington,
Stancill and Williams—44.
The House adjourned until to-morrow 9 o'clock.
4
50
HOUSE JOURNAL.
[Ses
TUESDAY, July 7, 1863.
Mr. Shepherd introduced a resolution, No. 52, concerning
a supply of iron to the State. Read first time and passed,
and the rules being suspended, it was passed its second and
third readings.
Mr. A vera a resolution, No. 53, in favor of the Doorkeepers.
Read first time and passed, and the rules being suspended,
was passed its second and third readings.
Mr. Shober a resolution, No. 54, to amend the resolutions
providing for an investigation of the Railroads. Read first
time and passed, and the rules being suspended, was passed
its second and third readings.
Received from the Senate a message, proposing to rescind
the joint order to adjourn at half past 12 o'clock, and that the
two Houses adjourn at 7 o'clock P. M. Which was agreed to.
Mr. Shepherd introduced a resolution, No. 55, in favor of
the Governor's message. Read first time and passed, and the
rules being suspended, was passed it3 second and third
readings.
Received from the Senate a message, transmitting the bill
to punish aiders and abettors of deserters, with an amendment
striking out the third section. Which was agreed to.
Received from the Senate, a bill, to repeal the act to pro¬
tect the people of North-Carolina against small pox. Which
was read first time and passed, and under a suspension of the
rules, was passed its second and third readings.
Received from the Senate a message, transmitting H. B.
No. 45, with an amendment. Which were agreed to.
Received from the Senate a message, transmitting the fol¬
lowing bill and resolution, which, under a suspension of the
rules, were passed their second and third readings.
No. 57, bill to amend the charter of the Planters' and
Miners' Bank.
No. 58, resolution in favor of J. Q. DeCarteret and Arm¬
strong.
The following bills were passed their second and third
readings:
1863.] HOUSE JOURNAL.
51
No. 43, bill to amend Revised Code, chap. 21, sec. L
No. 23, bill to amend an act authorizing the Governor to
employ or impress slave labor on the fortifications. Was
rejected.
No. 47, bill for the distillation of alcohol. Wa9 also rejected.
No. 48, bill for the relief of persons charged with a double
tax. Was read the second time.
Mr. Robbins moved to lay the bill upon the table. Not
agreed to—yeas 31, nays 40.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Allison, Bernhardt, Barringer, Benbury, Carpenter,
Carson, Craig, Foust, Gilliam, Glenn, Hampton, Harris of
Chatham, Harrison, Howard, Ingram, Jenkins, Kelly, Laws,
Long, McAden, McCormick, McRae, Parks, Patterson, Rob-
bins, Sherwood, Shober, Smith of Guilford, Watson, Well¬
born and Young, of Iredell—31.
Those who voted in the negative are:
Messrs. Albritton, Avera, Best, Bryan, Bumpass, Cobb>
Costner, Crawford, Davenport, Dunn, Foy, George, Gaskins,
Hawes, Henderson, Henry of Bertie, Henry of Henderson,
Headen, Judkins, Kerner, Kirby, Lemmonds, Mann of Hyde,
Mann of Pasquotank, Peebles, Perkins, Person, Powell,
Reynolds, Rives, Robinson, Russ, Russell of Brunswick,
Russell, of Craven, Shepherd, Smith of Washington, Spruill,.
Stancill, Williams and Woodall—40.
The bill was then passed its third reading—yeas 37, nays 29.
Received from his Excellency, the Governor, by his Private
Secretary, Mr. R. H. Battle, a message, transmitting a propo¬
sition from the Atlantic and North-Carolina Railroad, to pay
the State a part of her debt in Carteret county bonds.
Mr. Shepherd introduced a resolution, No. 60, concerning.
Carteret county bonds. Read first time and passed, and the
rules being suspended, the resolution,passed its second and
third readings.
Ordered, That a message be sent to the Senate, transmit-
52
HOUSE JOURNAL.
[Sessiori
ting the Governor's message, and the resolution concerning
Carteret bonds-
Mr: Person introduced a bill, No. 59, to incorporate the
North-Carolina Exporting and Importing Company. Head
first time and passed. A resolution to suspend the rules was
not agreed to.
Mr. Shepherd introduced a resolution, Mo. 61, concerning
the Clerks of the General Assembly. Read first time and
passed, and the rules being suspended, was passed its second
and third readings.
Several nominations for Magistrates were made and recom¬
mended.
The Militia bill was then taken up.
Mr. Peebles moved to amend by striking out "presidents
and cashiers of banks/' Mot agreed to—yeas 36, nays 52.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Albritton, Burgin, Burns, Cobb, Costner, Craig,
Crawford, Davenport, Duke, George, Harris of Chatham,
Hawes, Ingram, Judkins, Kelly, Kirby, Lemmonds, Logan,
Love, Mann of Pasquotank, McKay, Peebles, Person, Powell,
Reynolds, Rives, Robbins, Robinson, Russ, Shepherd, Smith
of "Washington, Spruill, Stancill, Waddell, Williams and
Young of Yancey—36.
Those who voted in the negative are :
Messrs. Allison, Alford, Amis, A vera, Bernhardt, Barringer,
Beall, Benbury, Berry, Best, Bond, Brown, Bryan, Carson,
Dunn, Flynt, Glenn, Greene, Grissom, Gaskins, Hampton,
Harris of Cabarrus, Harrison, Henderson, Henry of Bertie,
Headen, Hollingsworth, Joyner, Keener, Kerner, Laws, Long,
Lyle, Mann of Hyde, McCormick, McRae, Nissen, Parks,
Patterson, Pearce, Perkins, Richardson, Rogers, Russell of
Brunswick, Sherwood, Shober, Smith of Guilford, Wallen,
Walser, Wellborn and Woodall—52.
On motion of Mr. McKay, the bill was amended by insert¬
ing and " persons who have been discharged from physica 1
House journal.
53
disability, by the Medical Board of Examiners for the enroll¬
ing of persons liable to conscription."
Mr. Beall moved to amend by inserting " Quakers and
Dunkards."
Mr. Harris, of Cabarrus, moved to amend the amendment
by adding after " Dunkards " the words " upon their paying
$100 into the State treasury." Not agreed .to.
Mr. Grissom moved that the consideration of the special
-order be postponed for five minutes to hear a message from
the Senate. Agreed to.
Received from the Senate a message, transmitting a bill
for State defence. Which was read.
The amendment of Mr. Beall was rejected.
Mr. Person introduced the following amendment:
Strike out second section and insert " that the third section
of the act aforesaid is hereby repealed, and the Governor shall
have power to exempt only such persons as he may deem
necessary for carrying on the government of the State effi¬
ciently, and those whose exemption is demanded by the
public good; and he is hereby authorized to establish rules
and regulations declaring who shall be exempted, and to reg¬
ulate the mode in which the same may be done, and every
other person resident in the State, including foreigners and
militia officers, shall be liable to service under this act, unless
specially exempted as aforesaid." Not agreed to—yeas 24,
nays 70.
A call for the yeas and nays being second by one-fifth of
the members present,
Those who voted in the affirmative are:
Messrs. Brown, Bumpass, Burgin, Cobb, Costner, Craig,
Crawford, Duke, George,.Hawes, Jenkins, Kirby, Lemmonds,
Logan, Love, Person, Powell, Reynolds, Robinson, Russ,
Russell of Craven, Stancill and Wallen.—24.
Those who voted in the negative are :
Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt,
Barringer, Beall, Benbury, Berry, Best, Bond, Bryan, Burns,
Carpenter, Carson, Davis, Dunn, Flynt, Foust, Glenn, Greene,
54
HOUSE JOURNAL.
[Session
Grissom, Hampton, Harris of Cabarrus, Harris of Chatham,
Harrison, Henry of Bertie, Henry of Henderson, Headen,
Hollingsworth, Howard, Horton, Ingram, Joyner, Judkins,
Keener, Kelly, Kerner, Laws, Long, Lyle, Mann of Hyde,
Mann of Pasquotank, McAden, McCormick, McKay, Mc¬
Neill, McRae, Nisse'n, Parks, Patterson, Pearce, Peebles,
Richardson, Rives, Robbins, Rogers, Russell of Brunswick,
Sherwood, Shober, Smith of Guilford, Smith of "Washington,
Spruill, Waddell, Walser, Watson, Wellborn, Woodall and
Young of Yancey—70.
Afternoon Session, TUESDAY, July 7,1863.
The bill from the Senate was substituted for Mr. Sherwood's
bill.
Mr. Kirby moved to amend by stating that Quakers and
Dunkards shall pay 'one thousand dollars into the treasary.
The amendment was not agreed to—yeas 23, nays 71.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Albritton, Bumpass, Cobb, Crawford, Duke, George,
Gaskins, Hawes, Kirby, Lemmonds, Mann of Pasquotank,
Manning, McNeill, McRae, Peebles, Powell, Reynolds, Rob¬
inson, Russ, Russell of Craven, Spruill, Stancill and Wil¬
liams— 23.
Those who voted in the negative are:
Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barringer,
Beall, Benbury, Berry, Best, Bond, Brown, Bryan, Burgin,
Burns, Carpenter, Carson, Costner, Craig, Davenport, Dunn,
Foust, Glenn, Greene, Grissom, Hampton, Harris of Cabar¬
rus, Harris of Chatham, Harrison, Henderson, IIenr3r of Ber¬
tie, Henry of Henderson, Headen, Hollingsworth, Howard,
Horton, Ingram, Joyner, Judkins, Keener, Kelly, Kerner
Laws, Logan, Long, Love, Lyle, McAden, McCormick, Nissen,
Parks, Patt^son, Pearce, Perkins, Person^ Richardson, Rives,
1863.]
HOUSE JOURNAL.
55
Robbing, Rogers, Russell of Brunswick, Shepherd, Sherwood,
Smith of Guilford, Smith of Washington, Waddell, Wallen,
Walser,Watson,Wellborn,Woodall and Young of Yancey—71.
Mr. Mann of Pasquotank, moved to amend by striking
out the 5th section. Not agreed to—yeas 38, nays 61.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Albritton, Benbury, Brown, Bumpass, Cobb, Cost-
ner, Craig, Crawford, Davenport, Davis, Duke, Foy, George,
Gaskins, Harrison, Hawes, Jenkins, Judkins, Kirby, Lem-
monds, Logan, Long, Love, Mann of Hyde, Mann of Pas¬
quotank, Manning, McKay, Person, Powell, Reynolds, Rives,
Robinson, Russ, Russell of Craven, Spruill, Stancill, Williams
and Young of Yancey—38.
Those who voted in the negative are:
Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin-
ger, Beall, Berry, Best, Bond, Bryan, Burgin, Burns, Carpen¬
ter, Carson, Dunn, Flynt, Foust, Glenn, Greene, Grissom,
Hampton, Harris of Cabarrus, Harris of Chatham, Hender¬
son, Henry of Bertie, Henry of Henderson, Headen, Hol-
iingsworth, Howard, Horton, Ingram, Joyner, Keener, Kelly,
Kerner, Laws, Lyle, McAden, McCormick, McNeill, McRae,
Nissen, Parks, Patterson, Pearce, Perkins, Richardson, Rob-
bins, Rogers, Russell of Brunswick, Sherwood, Shober,
Smith of Guilford, Smith of Washington, Waddell, Wallen,
Walser, Watson Wellborn and Woodall—61.
Mr. McKay moved to amend the 4th section.as follows :
After the word " discretion," " and the field officers of bat¬
talions and Regiments shall be elected by the commission offi¬
cers of the companies, and the Governor shall appoint the
field officers of brigades and divisions, and shall issue com¬
missions in due form to all the officers aforesaid." Not
agreed to—yeas 35, nays 63.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
56
HOUSE JOURNAL.
[Session
Messrs. Albritton, Brown, Bnmpass, Costner, Crawford,
Davenport, Davis, Foy, George, Gaskins, Hawes, Henderson,
Joyner, Judkins, Lemmonds, Logan, Long, Love, Mann of
Pasquotank, Manning, McCormick, McKay, McNeill, McRae,
Peebles, Person, Powell, Reynolds, Rives, Robinson, Russ,
Russell of Craven, Stancill, Williams and Young of Yan¬
cey—35.
Those who voted in the negative are:
Messrs. Allison, Alford, Amis, Bernhardt, Barringer, Beall,
Benbury, Berry, Best, Bond, Bryan, Burgin, Burns, Carpen¬
ter, Carson, Craig, Dunn, Flynt, Foust, Glenn, Greene, Gris-
som, Hampton, Harris of Cabarrus, Harris of Chatham,
Harrison, Henry of Bertie, Henry of Henderson, Headen,
Hollingsworth, Howard, Horton, Ingram, Jenkins, Keener,
Kelly, Kerner, Kirbv, Laws, Lyle, Mann, of Hyde, McAden,
Nissen, Parks, Patterson, Pearce, Perkins, Richardson, Rob-
bins, Rogers, Russell of Brunswick, Shepherd, Sherwood,
Shober, Smith of Guilford, Smith of Washington, Spruill,
Waddell, Wallen, Walser, Watson, Wellborn, and Wood-
all—63.
Mr Harris, of Cabarrus, moved an additional section as an
amendment, to wit:
Be it further enacted, That no county shall be subjected
to the draft that has already furnished its quota of troops
until every other county, not within the Federal lines, shall
have furnished each its respective quota.
Not agreed to—yeas 37, nays 58.
The bill then passed its second and third readings—yeas
68, nays 31.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the ffirmative are:
Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barringer,
Beall, Benbury, Berry, Best, Bond, Bryan, Burgin, Burns,
Carpenter, Carson, Craig, Duke, Dunn, Flynt, Foust, Glenn,
Greene, Grissom, Hampton, Harris of Chatham, Harrison,
Henderson, Henry of Bertie, Henry of Henderson, Headen,
1863.] HOUSE JOURNAL.
57
Hollingsworth, Howard, Horton, Ingram, Jenkins, Joyner,
Judkins, Keener, Kelly, Kerner, Laws, Long, Love, Lyle,
Mann of Hyde, McCormick, McKay, McRae, Nissen, Parks,
Patterson, Pearce, Perkins, Richardson, Robbins, Rogers,
Russell of Brunswick, Sherwood, Shober, Waddell, Wall en,
Walser, Watson, Wellborn, Woodall and Young of Yan-
cey~68.
Those who voted in the negative are:
Messrs. Brown, Bumpass, Cobb, Costner, Crawford, Daven¬
port, Davis, Foy, George, Gaskins, Harris of Cabarrus, Hawes,
Kirby, Lemmonds, Logan, Mann of Pasquotank, Manning,
McAden, McNeill, Peebles, Person, Powell, Reynolds, Rives,
Robinson, Russell of Craven, Shepherd, Smith of Washing¬
ton, Spruill, Stancill and Williams—31.
Received from the Senate a message, proposing to rescind
the joint order to adjourn at 7 P. M. to 9 P. M. Agreed to .
Received from the Senate a message, transmitting House
resolution, No. 60, in favor of the Clerks, with amendments.
Which was agreed to—yeas 44, nays 23.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Allison, Alford, Amis, Avera, Best, Bond, Brown,
Bryan, Burns, Carpenter, Craig, Davenport, Duke, Dunn,
Foust, Grissom, Henry of Bertie, Headen, Horton, Jenkins,
Keener, Kelly, Kerner, Love, Lyle, Mann of Hyde, Mann
of Pasquotank, McAden, McCormick, McKay, Pearce, Per¬
kins, Powell, Richardson, Robbins, Rogers, Russell of Craven^
Shepherd, Sherwood, Shober, Waddell, Wallen, Wellborn
and Woodall—44.
Those who voted in the negative are:
Messrs. Bernhardt, Barringer, Benburry, Berry, Bumpass,
Costner, Crawford, Foy, Henry of Henderson, Kirby, Laws,
Lemmonds, Long, Manning, McNeill, Peebles, Person, Rey¬
nolds, Robinson, Russ and Stancill.—23.
Mr. Person asked leave to take up the House bill to charter
58
HOUSE JOURNAL.
[Session
the North-Carolina Importing and, Exporting Company.
Agreed to. The bill then passed—yeas 34, nays 31.
A call for the yeas and nays being seconded by one-fifth of
the memhers present,
Those who voted in the affirmative are:
Messrs. Avera, Beall, Brown, Bumpass, Cobb, Crawford,
Davenport, Davis, Harris of Cabarrus, Harris of Chatham,
Hawes, Headen, Imgram, Judkins,' Keener, Kelly, Lem-
monds, Logan, Long, Love, Manning, McKay, McNeill,
McRae, Peebles, Person, Powell, Reynolds, Rives, Robinson,
Russ, Shepherd, Stancill and Williams—34.
Those who voted in the negative are:
Messrs. Allison, Alford, Bernhardt, Barringer, Benbury,
Berry, Best, Dunn, Elynt, Grissom, Henry of Bertie, Hollings-
worth, Howard, Horton, Kerner, Laws, Mann of Hyde,
McCormick, Nissen, Parks, Patterson, Pearce, Perkins, Rob-
bins, Rogers, Sherwood, Shober, Smith of (3nilfbrd, Woodall
and Young of Yancey—31.
The bill then passed its third reading—yeas 44, naya 31.
A call for the yeas and nays being seconded by one-fifth of
the members present,
Those who voted in the affirmative are :
Messrs. Avera, Beall, Beam, Brown, Bumpass,vCobb, Cost-
ner, Crawford, Davenport, Davis, Dunn, Foust, Foy, George,
Grissom, Gaskins, Harris of Cabarrus, Harris of Chatham,
Hawes, Headen, Ingram, Judkins, Keener, Kelly, Kirby,
Lemmonds, Logan, Long, Love, Manning, McKay, McNeill,
McRae, Peebles, Person, Powell, Reynolds, Rives, Robinson,
Russ, Russell of Craven, Shepherd, Stancill and Wil¬
liams—44.
Those who voted in the negative are:
Messrs. Bernhardt, Barringer, Banbury, Berry, Best, Bond,
.Flynt, Glenn, Greene, Henry of Bertie, Hollingsworth,
Howard, Horton, Kernes, Laws, Mann of Hyde, McCormick,
Nissen, Parks, Patterson, Pearce, Richardson, Rabbins, Rogers,
Russell of Brunswick, Sherwood, Shober, Smith of Guil¬
ford, Spruill, Woodall and Young of Yancey—31.
im] - HOUSE JOURNAL.
59
Received from the.-Senate a message, transmitting nomina¬
tions for magistrates. Which were recommended.
A number of nominations of magistrates were made, which
were recommended and ordered to be sent to the Senate
On motion, the House took a recess to 8 o'clock.
Evening Session, TUESDAY, July 7, 1863.
Mr. McKay, presented the following resolution :
Resolved, That the thanks of the House be tendered to the
Hon. R. S. Donnell, Speaker, for the able and impartial man¬
ner in which he has discharged the duties of his office.
Which was unanimously passed.
Mr. Alford presented the following resolution:
Resolved, That this General Assembly has heard with regret
of the appointment by the President of the Confederate States
of a citizen of another State as Chief Tithingman for the State
of North-Carolina.
Resolved, That whilst this General Assembly disclaims any
unkind feeling towards the citizens of the other States of the
Confederacy, it nevertheless is of the opinion that such offices
as the one referred to should be bestowed on native or adopted
North-Carolinians, and it respectfully and earnestly protests
against said appointment.
Resolved, That his Excellency, the Governor, be requested
to transmit a copy of these resolutions to the President of the
Confederate States.
Pending the consideration of which, received from the
Senate a message, stating that that body had finished all the
business before it, and was now ready to adjourn.
Mr. Allison asked leave to submit a report from the Select
Committee concerning J. H. Foy.
60
HOUSE JOURNAL.
[Session.
The Speaker announced that the hour had now arrived
when it became his duty, by a joint order of the two houses,
to adjourn the present session of the General Assembly, and
that the two bodies meet again on the 4th Monday in Novem¬
ber next.
The Speaker then adjourned the House accordingly.
INDEX
EXTRA SESSION, 1863,
Page.
YEAS AND NAYS.
Roll call, 3
Vote on motion to suspend the rules and put on its several readings
the bill reported by the Joint Select Committee on the Cur¬
rency, . 28
. 44 44 Mr. Waddell's amendment to the same, 24
44 44 Senate amendments to the same, 29
44 44 appointment of sundry magistrates,,. 30
44 44 motion to adjourh—setting apart 4th Monday in November,
for re-assembling,. 82
44 44 bill amendatory to charter of Piedment Railroad Company,
No. 12, 35
44 44 amendments to bill for the better protection of sheep, 37
44 44 motion to lay on table resolutions concerning Confederate
currency, 38
44 44 an amendment to same, 39
44 44 suspension of the rules, and motion to take up bill concern¬
ing harboring of deserters, &c., 40
44 44 amendment to House bill, No. 12, 42
44 44 publication of correspondence between the Governor and
Secretary of War, 48
44 44 Mr. McKay's substitute for the Militia bill of Mr. Sher¬
wood, 44
44 44 amendments to Militia bill, 45, 46, 47, 48, 52, 53, 54, 55, 56
44 (i passage of said bill second reading, 49
44 44 laying bill for relief of persons charged with double tax on
the table, 51
44 44 resolution No. 60, in favor of the Clerks, &c., 57
44 4 4 bill to charter North-Carolina Exporting and Importing
Company, second and third readings, 58
li
INDEX.
Raof,
MISCELLANEOUS.
Governor's Message, • • ^
Treasurer's Report, 7
Report of Joint Select Committee on the Currency, 23
Mr. Grissom's resolutions iu relation to correspondence of Governor
and Secretary of War, 2ft
Mr. Alford's resolutions in relation to the Chief Tithingman for
North-Carolina, ^9
JOURNAL
OF
the sen ate
OF THE
GENERAL ASSEMBLY
OF TEE
STATE OE WORTH-CAROLINA,
AT ITS
ADJOURNED SESSION, 1863.
RALEIGH:
W. W. HQLDEN, PRINTER TO THE STATE,
1863.
SENATE JOURNAL.
ADJOURNED SESSION,
1868.
The General Assembly met in the city of Raleigh pursuant
to adjournment at the previous Ex,tra Session, on Monday,
the 23d day of November, A. D. 1863.
The Senate was called to order by the Speaker and a quo¬
rum was present.
C. L. Harris, Senator elect from the 48th District, presented
a certificate of his election in place of M. O. Dickerson,
resigned, and was qualified according to law.
A message was sent, on motion of Mr. Simpson, to the
House of Commons that the Senate is duly organized and
readj' to proceed with the public business.
The Senate adjourned until to-morrow morning 11 o'clock^
on motion of Mr. Sharpe.
TUESDAY, November, 24,, 1863.
Mr. Taylor of Chatham, presented n memorial of John.
Manning, which was read and referred to the Committee on
Propositions and Grievances.
A message was received from the House of Commons that
they are duly organized and ready to proceed with the public
business.
A message was sent to the House of Commons, on motion
of Mr. Simpson, that the Senate proposes to rai-e a joint
select committee of two on the j>art of each Hot se to wait on
4
SENATE JOURNAL.
[Session
Ilia Excellency, the Governor, and imform him that both
branches of the Legislature were duly organized and ready
to receive any communication that he may have to make.
Mr. Taylor of Chatham, moved to send a message to the
House of Commons, that the Senate proposes to rescind the
joint resolution which was passed at the last session, in rela¬
tion to the order of business, so as to consider only new bus¬
iness. The motion was agreed to. The message was sent
accordingly and the House agreed thereto.
A message was received from the House, that they propose
to raise a joint select committee of two on their part and on©
on the part of the Senate to wait upon His Excellency, the
Governor, and inform him of the organization of both branches
of the Legislature and of their readiness to receive any com¬
munication that he may desire to make. Which was
agreed to.
Ako, a message from the House was received, that they
appoint Messrs. Harris of Cabarrus and Nissen as their branch
of the joint select committee aforesaid.
Mr. Outlaw was appointed as the Senate branch of said
committee, and subsequently reported on behalf of the com¬
mittee that they had waited on his Excellency, and he would
report in writing within a few hours.
Mr. Sharpe introduced a bill to repeal an act entiled "An
ac* to change the jurisdiction of the Courts and the Rules of
Pleading therein," passed at the second extra session of the
General Assembly, A. D.. 1860 and 1861; which was read
first time, and referred, on his motion, to the Committee on
• the Judiciary.
Mr. Taylor of Chatham, introduced a bill to regulate the
prices of all articles produced, manufactured or sold in this
'State; which was read first time, and referred to a select
committee consisting of Messrs. Taylor of Chatham, Ramsay,
Wiggins, Young and Powell, and also ordered to be printed.
Mr. Sharpe introduced a resolution instructing the Com¬
mittee on the Judiciary to inquire into the propriety of in-
1363.]
SENATE JOURNAL.
*5.
•creasing the salaries and fees of all public officers, and to re¬
port by bill or otherwise; which was read and adopted.
A message was received from the House of Commons, that
they transmit the message of his Excellency, the Governor,
and accompanying documents, to wit: Reports of Commis¬
sary, Ordnance and Quartermaster's Departments; Resolu¬
tion of Georgia Legislature and communication from a com¬
mittee of the Virginia House of Delegates; and that they
propose to print five copies of the same for the use of each
member of the General Assembly.
. The message was agreed to.
The Senate adjourned until to-morrow morning 10 o'clock,.
•«on motion of Mr. Young.
WEDNESDAY November 25, 1863.
Mr. Eaison introduced a resolution instructing our Senators^
and requesting our Representatives in Congress to secure an
increase of the pay cf soldiers, &c.; which was read first
time. ,
Mr. Wright introduced a bill to repeal the third section of
an act entitled " An Act to divide the State into ten Con¬
gressional Districts;" which was read first time, and referred,
on his motion, to the Committee on the Judiciary.
Mr. Blount introduced a resolution in favor of Levi Daw¬
son; which was read first time, and referred, on his motion,
to the Committee on Claims.
Mr. Young introduced the following resolution; which was
adopted, to wit :
Ites-olved, That so much of the message of his Excellency,"
the Governor, as relates to the "Guard for Home Defence,"
be referred to the Committee on Military Affairs ; so much
of the same as relates to holding extra sessions of the Su¬
preme Court, the restoration of the Spring Term of the Su¬
perior Courts of Law and Equity, the increase of fees and
salaries, the sequestration of real estate in the State of North-
6
SENATE JOURNAL.
[Session
Carolina, be referred to the Committee on the Judiciary; so
mnch as relates to establishing a system of graded schools,
and requiring the holders of drafts upon the Literary Fund,
<&c., be referred to the Committee on Education ; so much as
relates to furnishing subsistence to the destitute in the State,
be referred to the Committee on Propositions and Griev¬
ances ; and so much as relates to the preservation of sheep
and wool, be referred to the Committee on Agriculture.
Mr. Matthews introduced a bill to protect those who have
substitutes in the Confederate army; which was read first
time and referred, on motion of Mr. Ramsay, to the Commit¬
tee on Military Affairs.
A message was received from the House of Commons, that
-they propose that the two Houses set apart Saturday next, at
11 o'clock, for the appointment of Justices of the Peace;
which was not agreed to, and the House was informed thereof.
Mr. Sharpe introduced a bill to authorize the investment of
trust funds in Confederate bonds; which was read first time,
and referred, on his motion, to the Committee on the Judi-
fiary.
On motion of Mr. Hall, the Senate adjourned till 11 o'clock
to-morrow morning.
THURSDAY, N6vember 26, 1863.
Prayer by Rev. Dr. Mason.
Mr. Pitchford introduced a resolution concerning the print¬
ing of the Treasurer's Report; which was read first time, and ,
on his motion, the rules were suspended, and the same was
read a second and third times and passed.
Mr. "Warren introduced a bill to explain and amend sec¬
tion sixty-eight, chapter one hundred and seven of the Re¬
vised Code; which was read first time, and referred to the
Committee on the Judiciary.
A message was received from the House of Commons
that they recommend sundry persons to be commissioned
2863.]
SENATE JOURNAL.
1
Justices of tlie Peace; which was agreed to, and a message
was sent to the Rouse that the Senate recommend to he com¬
missioned also, as Justices of the Peace for their respective,
counties, the following persons, to wit: M. D. Whiteside and
Wni, Flinn, for the county of Rutherford, recommended by
Mr. Harriss of Rutherford; Hardy Whitford, for Craven,
recommended by Mr. Whitford; Dr. Eugene Grissom, for
Granville, recommended by Mr. Lassiter; William E. Robert
son, for Davidson, recommended by Mr. Adams, of David-
eon ; Stephen F. Cowan and Thomas, A. Burke, for Rowan,
recommended by Mr. Ramsay; Hugh A. Patrick, for Rock¬
ingham, recommended by Mr. Simpson; W111. Campbell,for
Stokes, recommended by Mr. Matthews; Richmond Buck-
anan and Townly Redfern, for Anson, recommended by Mr.
Smith of Anson; John Smith, for Johnston, recommended
by Mr. Sanders; Alexander Fisher, for Sampson, recom¬
mended by Mr. Faison; John M. F. Rhodes and J. Robert
Kincey, for Jones, Joseph J. Cannon, for Chowan, recom¬
mended by Mr. Arendell, and John B. Qdora, for Northamp¬
ton, recommended by Mr. Copeland. »
On motion of Mr. Wright, the communication from the com¬
mittee of the Virginia House of Delegates, transmitted from*
the House of Commons, was taken up, and referred to the
Committee on Finance
Resolutions entitled " Resolutions instructing our Senators-
and requesting our Representatives in Congress to secure an
increase of the pay of soldiers, &c.," were read a second
time, and referred, on motion of Mr. Ramsay, to the Com¬
mittee on Propositions and Grievances.
The Senate adjourned until to-morrow morning 11 o'clock;
on motion of Mr. Arendell.
FRIDAY, November 27, 1863.
A message was sent to the House of Commons, that the
Senate transmits an engrossed resolution, entitled " Resolu¬
tion concerning the printing of the Treasurer's Report."
8'
SENATE JOURNAL.
[Session
'Mr. Wright, for the Committee on the Judiciary, -reported
n£on the bill entitled " A biil to repeal the third section of
an act entitled an ' an act to divide the State into ten Con¬
gressional Districts,'" and recommended that it do pass. Said
bill was subsequently read a second time and amended, on
motion of Mr. Graham, by striking out in section 2d the
number 1865, and inserting the number 1866, and, as amend-
ed,| passed.
JMr. Ramsay, from the Committee on Claims, reported upon
the resolution entitled " Resolution in favor of Levi Dawson/*
and recommended that it do pass.
Mr. Warren, from the Committee on the Judiciary, report¬
ed upon the bill entitled " A bill to explain and amend sec¬
tion sixty-eight, chapter one hundred and- seven of the Re¬
vised Code," and recommended that it do pass; and the same
was subsequently read a second time and passed.
Mr. Young introduced a bill for the protection of sheep,
and to promote the growth of wool; which was read first
rime, and referred, on his motion, to the Committee on Agri¬
culture ; also,
Mr. Wright introduced a bill to encourage the raising-of
gheep and the production of wool; which was read first time
arid referred to the same committee.
Mr. Sharpe, for the Judic'ary Committee, reported baek
the resolution of inquiry in relation to the increase of the
fees and salaries of all public officers, and recdmmendeji the
following resolution, which was adopted, to wit:
< Resolved, That a proposition be sent to the House of Com¬
mons to raise a joint select committee of two on the part of
the Senate, and three on the part of the House, to inquire
into the propriety of increasing the salaries and fees of all
public officers.
A message was received from the House of Commons, that
they recommend sundry persons Yo be commissioned Justices
of the Peace.
Mr.Patton moved to strike out his own name therein ;
which was not agreed to. The message was agreed to.
1863.]
SENATE JOURNAL.
3
Mr. Graham introduced a resolution of inquiry to the Ju¬
diciary Committee in relation to the crime of arson; which
was adopted.
Mr. Young introduced a bill to amend the fiftieth chapter
of the Revised Code, entitled "Fraud and fraudulent con¬
veyances;" which was read first time, and referred, on his
motion,-to the Committee on the Judiciary.
A message was received from the House of Commons, that
they transmit a message from his Excellency, the Governor,
together with a report from the President of the Institution
for the Deaf, Dumb and the Blind, and propose that the same
be referred to the joint standing committee on said Institu¬
tion. '
Another message was received from the House, that they^
agree to the proposition of the Senate to raise a joint select
committee to inquire into the expediency of increasing the
salaries and fees of all public officers, and they appoint
Messrs. Amis, Carter and Person said committee on their
part.
Messrs Sanders and Graham were appointed said commit¬
tee on the part of the Senate.
, Mr. Warren introduced a resolution in relation to the ar¬
rest and imprisonment of Eli Swanuer, of Beaufort county;
which was read first time. '
On ^motion of Mr. Pitcjiford, the resolution from the Geor-.
gia Legislature, transmitted from the House, was referred to
a select committee. Messrs. Pitchford, Ramsay, Simpson,
Blount and Jones were appointed said committee.
The Senate adjourned until to-morrow morning 11 o'clock,
on motion of Mr. Sharpe.
SATURDAY, November 28,1863.
Mr. La$siter, from the committee on Propositions and
Grievances, reported upon the resolutions entitled " Resolu¬
tions instructing opr Senators and requesting our Represen-
10
SENATE JOURNAL.
[Session
tatives in Congress to secnre an increase of the pay of sol¬
diers, &c.," and recommended that they do pass.
Mr. Lassiter also asked leave of absence for Mr. Faison
until Monday ; which was granted.
Mr. Holeman, from the Committee on Agriculture, report¬
ed a substitute for the bill entitled " A bill for the protec
tion 01 sheep, and to promote the growth of wool," which
was read; also, upon the bill entitled "A bill to encourage
the raising of sheep and the production of wool," and asked
to be discharged therefrom; and the committee were so dis¬
charged.
Mr. Young, from the Committee on Military Affairs, re¬
ported upon the bill entitled "A bill to protect those who
have substitutes in the Confederate army," and asked to be
discharged from its further consideration. The committee
were so discharged.
Mr. Pitchford, from the select committee to whom was re¬
ferred the resolution of the Legislature of Georgia, reported
the following resolution, to wit:
Resolved by the General Assembly of the State of North-
Carolina, That his Excellency, Governor Yance, be request¬
ed forthwith to issue his proclamation to all the people of the
State, setting apart Thursday, the 10th day of December
next, to he observed as a day of fasting, humiliation and
prayer to Almighty God, that all of ns may approach our
Creator with humble penitence for past sins, and implore His
assistance and wisdom to guide us.
The resolution was read three successive times and passed,
the rules having been suspended on motion of Mr. Ramsay,
and the same was sent to the House of Commons.
Mr. Warren, from the Judiciary Committee, reported upon
the bill entitled " A bill to amend the 50th chapter of the
Revised Code," and recommended that it do not pass.
Mr. Hall introduced a bill to incorporate the North-Caro¬
lina Express Company; which was read first time, and re¬
ferred, on his motion, to the Committee on Corporations.
A message was received from the House of Commons, that
J *63.]
SENATE JOURNAL.
11
they transmit an engrossed bill to amehd an act entitled " An
act for the relief of certain banks of the State and the people,"
and an engrossed resolution directing the Public Treasurer to
issue duplicates of certain coupon bonds.
Said bill was read three several times and passed, the rules
having been suspended on 'motion of Mr. Warren.
The resolution was read first time, when the rules were sus¬
pended on motion of Mr. Wiggins, and it wa3 read a second
time.
Mr. Young moved to reler the same to the Committee on
Finance; which motion was agreed to.
Mr. Ramsay introduced a bill concerning the rank of as¬
sistant officers in the Adjutant General's office; which was
read first time and referred, on his motion, to the Committee
on Military Affairs.
Mr. Wooley introduced a resolution instructing the Com¬
mittee on the Judiciary to inquire what relief, if any, is ne¬
cessary for the protection of executors, administrators, guar¬
dians and trustees in the collection of debts in Confederate
currency, &c.; whieh was adopted.
The resolution entitled "Resolution in favor of Levi Daw¬
son," was read a second time and passed
The bills entitled "A bill to repeal the third section of an
act entitled 'an act to divide the State inte ten Congressional
Districts,'"and " A bill to explain and amend section sixty-
eight, chapter one hundred and seven of the Revised Code,"
were read a third time and passed.
Mr. Outlaw introduced resolutions concerning the per diem
and mileage of the members of the present General Assem¬
bly ; which were read first time, when, on his motion, the
rules were suspended, and the same were read a second time.
Mr. Ramsay moved to amend the 1st resolution by filling
the blank with " twelve," which was agreed to; and the
second resolution was also, amended, on his motion, by filling
the blank with "twenty." The resolutions, as amended,
passed, and were read a third time, when Mr. Matthews
moved to amend the second resolution by striking out
12
SENATE JOURNAL.
[Session
"twenty" and inserting "thirty;" but the. motion did not
prevail, and the resolutions passed.
, On motion of Mr. Ramsay the Senate adjourned until
Monday morning 11 o'clock.
MONDAY, November SO, 1863.
The Speaker announced Messrs. Aycock and Wooley as
the Senate's branch of the committee on enrolled bills for
the present week.
Mr. Graham, from the joint select committee on salaries
and fees, reported a bill entitled "A bill in relation to sala¬
ries and feeswhich was read the first time.
The resolution entitled " Resolution in favor of Levi Daw¬
son," was read the second time, and, on motion of Mr. Ram¬
say, was passed over for the present.
A message was received from the House of Commons, that
they transmit a message from the Governor, together with a
memorial from the commissioners of appraisement for this
State, and propose to print the same. The message was
agreed to.
A message from the House of Commons, that they pro¬
pose to raise a joint select committee to consist of five on the
part of the House, and three on the part of the Senate, to
whom shall be referred so much of the Governor's message
as relates to the growth of sheep, was received and agreed
tp. The Speaker announced Messrs. Young, Wright and
Patrick as the Senate's branch of said committee.
A message from the House of Commons, that they trans¬
mit a message from the Governor, with a report from the
President and Directors of the Insane Asylum, and propose
to refer the same to the Committee on the Insane Asylum,
was received and agreed to.
An engrossed bill from the House of Commons, entitled
" A bill to amend the 34th chapter, 85th section of the Re¬
vised Code," was read 1st time, and on motion of Mr. Gra-
1865.3
SENATE JOtfRNAt.
15
ham, referred to the Committee on the Judiciary; and, on
his motion, the title of said bill was amended so as to read
A bill in relation to trading with slaves.'5
An engrossed resolution in regard to comparing the vote
of the 10th Congressional District was read the first time.
Mr. Graham introduced a bill in felation to depositions;
Which was read first time.
An engrossed bill from the House of Commons to amend
the charter of the toWn of Statesville Was read the first time,
and, on motion of Mr. Sharpe, the rules were suspended, and
the bill passed its several readings; also, an engrossed reso¬
lution in favor of John W. Hinson was read, and, on motion
of Mr. Wright, referred to the Committee on Claims.
Mr Outlaw introduced a resolution instructing the Com¬
mittee on Finance to enquire into the propriety of making
the valuation of slaves for taxation uniform throughout the
State ; which was adopted.
Mr. Hall introduced a bill to incorporate the NortlvCarO-
lina Volunteer Navy Company ; which was read first time,
and, on his motion, was referred to the Committee on Cor*
porations.
A bill to amend the 50th chapter of the Revised Code was
read the second time and rejected.
Mr. Young presented a report of the bank of Charlotte,
and, on his motion, it was laid on the table, and ordered to
he printed.
A bill to encourage the raising of sheep was read the
second time, and, on motion of Mr. Young, was referred to
the joint select committee on the growth of wool.
A bill for the protection of sheep was read the second time,
and, on motion of Mr. Young, referred to the same com¬
mittee.
A bill to protect those who have substitutes in the army
was read the second time, and, on motion of Mr. Matthews,
laid on the table.
A resolution instructing our Senators, and requesting our
Representatives in Congress to secure an increase of the pay
14
SENATE JOURNAL
[session
of soldiers, was read the second time, when Mr. Simpson
moved to amend the same by adding these words: " that his
Excellency, the Governor, be requested to transmit a copy
of the foregoing resolution to each of our Senators and Rep¬
resentatives in Congress;" which was agreed to. Mr. Out¬
law moved to amend further, by striking out the word "in¬
struct" whenever and so often as it occurred in said resolu¬
tion ; which was passed over for the present, on his motion.
Mr. Bagley moved that Francis M. Godfrey, Benj. F.
Keoton, Thomas J. Murden, Charles C. Pool, James M-
Whedbee, Reuben F. Overman, Wm. H. Clark and Wm. A.
Price be appointed Justices of the Peace for the county of
Pasquotank, and that a message be sent to the House of Com¬
mons asking the concurrence of that body therein; which
was agreed to.
Mr. Wiggins moved that the memorial from the Commis¬
sioners of Appraisement for this State be referred to the se¬
lect committee on regulating prices; which was agreed to.
Mr. Sharpe introduced a bill to divorce from the bonds of
matrimony A. Troutman and Elizabeth Trontman; which was
read the first time, and, on motion of Mr. Graham, rejected.
I Mr. Murrill introduced a resolution in regard to adjourn¬
ing the present session of the Legislature sine die/ which,
on his motion, was laid over until to-morrow.
Mr. Taylor of Chatham, moved to adjourri until to-morrow
morning at 10 o'clock ; which was agreed to, aod the Senate
adjourned accordingly.
TUESDAY, December 1, 1863.
Mr. Neal presented a petition from the Trustees and Facul¬
ty of Rutherford Academy, prajnng that the charter of said
institution be amended so as to confer the power of confer¬
ring degrees upon graduating pupils, and that the name there¬
of be changed to Rutherford Seminary : also, Mr. Neal intro¬
duced a bill in relation to the same institution; which was
1863.]
SENATE JOURNAL
15
read three several times, under a suspension, of the ruies, and
passed.
Tne following engrossed bills and resolution were trans¬
mitted to the House of Commons, entitled, to wit;
A bill to repeal section third of an act entitled "An act
to divide the State into ten Congressional Districts;"
A bill to explain and amend section 68, chapter 107, of the
Revised Code; and
Resolution concerning the per diem and mileage of the
members of the present General Assembly.
Mr. Wright, for the Judiciary Committee, reported, in pur¬
suance of a resolution of inquiry in relation to the matter, a
bill in relation to the crime of arson; which was read first
time.
Mr. Adams of Guilford introduced a bill to arpend the
charter of the North-Curolina Christian Advocate Joint
Stock Publishing Company; which was read three several
times, under a suspension of the rules by his motion, and
passed. ■ _ „
Mr. Warren introduced a resolution instructing the Com¬
mittee on finance to inquire into the expedieney of repeal¬
ing clause 19, section 86, of the Revenpe law ; which was
adopted.
An engrossed bill transmitted from the House of Commons,
entitled "A bill concerning the North-Carolina Institution
for the Deaf, Dumb and the Blind," was read three several
t;mes and passed, the rules having been suspended.
J. F. Hoke, Senator elect from the 47th District, in place
of James H. White, resigned, appeared, presented a certifi¬
cate of his election, and qualified according to law.
Mr. Ramsay, from the joint standing committee on the
Lunatic Assy 1 um, made a report, and recommended the pas¬
sage of a bill entitled " A bill concerning the Insane Asy¬
lum ;" which was read first time, when, on his motion the
rules were suspended, and the same was read a . second and
third times,.and passed.
Resolutions entitled "Resolutions instructing our Senators
16
SENATE JOURNAL.
[Session
and requesting our Representatives in Congress to secure an
increase of the pay of soldiers," &c., were read a second
time, and amended on the motion of Mr.-Outlaw j "by striking
out from first resolution the word " instruct," and, as amend¬
ed, passed. The rules were suspended on motion of Mr. Fai-
son, and said resolutions were read a third time, when, on
motion of Mr. Graham, they were amended by striking out
in the second resolution all after the word "fainilies," and
passed. .
Engrossed resolutions entitled " Resolutions in regard to
comparing the vote for Congress in the tenth Congressional
District," were read a second time and passed. Mr. Harriss
of Rutherford, moved to suspend the rules, in order that they
be read again, and it was not agreed to.
The bill entitled " A bill in relation to depositions," was
read a second time and passed.
The bill entitled "A bill in relation to Salaries and Fees."
was read a second time,
Mr. Graham moved to amend by inserting " twelve hun¬
dred dollars," for the Clerk of the Comptroller of Public Ac¬
counts, and by increasing fifty per cent., the rate allowed by
law to the State Printer for the present session of the Gen¬
eral Assembly; which were agreed to.
Mr. Hall moved to amend by inserting "and the keepers
of Public Ferries double the rates," in section 2d, before the
words " now allowed by lawwhich was not agreed to.
Mr. Hall further moved to amend section 1, by striking
out "three thousand dollars" as the salary of the Judges of
the Superior Courts of Law and Equity, and inserting
" twenty-five hundred dollars and actual necessary expenses
in going to and returning from their circuits."
„ Mr. Outlaw moved to amend the amendment by striking
out "twenty-five hundred dollars" and inserting "tMjro thou¬
sand dollars;" which was agreed to.
The question being on the amendment as amended, Mr.
Outlaw asked thereon the yeas and nays, and one-fittk
agreeing,
1863.]
SEHATE JOURNAL.
IT
Those who voted in the affirmative are:
Messrs. Bagley, Faison, Graham, Hall, Harris of Franklin,
Harris of Rutherford, Hoke, Lassiter, JSTeal? Outlaw, Patrick,
Pitchford, Powell, Slaughter, Smith of Stanly, Taylor of
Kash, Wright and Young—18.
Those who voted in the negative are :
Messrs. Adams of Davidson, Adams of Guilford,, Arend'elf,
Aycock, Carroway, Copeland, Dickson, Ellis, Hole man, Jar-
ratt, Jones, Leitch, Matthews, Murrill, Patton, Ramsay, San¬
ders, Simpson, Sharpe, Smith of Anson, Taylor of Chatham.
Warren, Whitford, Wiggins and Wooley—25.
So the amendment was not agreed to.
The question recurring on the passage of the bill as amen¬
ded on its second reading,
Mr. Ellis moved to amend Section 1 by striking out " three
thouand dollars " and inserting " four thousand dollars " as the
salary of the Judges ot the 'Superior Courts of Law and
Equity, and it was not agreed to.
Mr. Graham moved to strike out " three thousand dollars"
in same section and insert " thirty-five hundred dollars " as
the salaries of both Judges of the Supreme Court and Judges
of the Superior Courts of Law and Equity, and it was not
agreed to. , .
Mr. Taylor, of Chatham, moved to strike out from section se¬
cond "two thousand dollars" as the salary for Superintendent
of Common Schools; which was agreed to. ■
Mr. Graham moved to insert in same section "the keeper
of the Capitol, eight hundrecl#dollars;" which was, agreed to.
Also,'Mr. Graham moved to add a section, to wit:
"That this'act stall take effect from and after its ratification,"
which was agreed to. And the bill as amended passed.
A message was received from the House of Commons, that
they transmit a statement of the condition of the Bank of
Charlotte.
Also a message was rec.eived from the House, that the
House branch of the Joint Select Committee , on the Gover-
2
18
SENATE JOURNAL.
[Session
nor's Message as it relates to the preservation of slieep, &c.,
are Messrs. Dunn, Flynt, Eoust, Lyle and Beam.
The resolution entitled "Resolution in relation to the arrest
and imprisonment of Eli Swanner, of Beaufort county," was
read a second time, when Mr. Hall moved to strike out the
preamble, and, thereon, Mr. "Warren asked for the yeas and
nays, and one-fifth agreeing,
Those wh,o voted in the affirmative are :
Messrs. Aycock, Copeland, Ellis, Hall, Harris of Franklin,
Hoke, Holeman, Murrill, Outlaw, Fitch ford, Powell, Smith
of Stanly, Taylor of Nash, and Young—14.
Those who voted in .the negative are:
Messrs. Adams of Davidson, Adams of Guilford,- Arendell,
Bagley, Carroway, Dickson, Faison, Graham, Harris of Ruth¬
erford, Jarratt, Jones, Lassiter, Leitch, Matthews, Neal,
Patton Patrick, Ramsay, Sanders, Simpson, Sharpe, Slaugh¬
ter, Smith of Anson, Taylor of Chatham, Warren, Wliitford,
Wiggins, Wooley and Wright—29.
• So the motion did not prevail.
Mr. Outlaw moved to amend the preamble by striking out
all after the word " Whereas " and inserting as follows, to wit:
It has been represented to the General Assembly, that
Eli Swanner, a citizen of Beaufort county, has been illegally
arrested, and is now unlawfully detained in pr.son, in Rich¬
mond, Virginia," and thereon asked the yeas and nays, and
one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Aycock, Copeland, Dickson, Ellis, Hall, Harris of
Franklin, Hoke, Holeman, MufriU, Outlaw, Pitchford, Pow-
elly Simpson, Smith of Anson, Smith of Stanly, Taylor of
Nash, Wiggins and Young—18.
Those who voted in the negative are;
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Garroway, Graham, Harris of Rutherford, Jarratt,
Jones, Lassiter, Leitch, Matthews, Neal, Patton, Patrick,
Eamsay, Sanders, Sharpe, Slaughter,- Taylor of Chatham,
4lfarron, Wfiitford, Wooley and Wright—24.
•SENATE JOURNAL.
19
So the amendment was not agreed to.
On motion of Mr. Ramsay, the last clause of the resolution
beginning "And, Whereas," was stricken out. f
' Mr. Warren accepted the amendment, and the resolution
as amended was adopted.
Mr. Matthews introduced a hill to incorporate the Salem
and High Point Plank Road Company, which was read first
time and referred, on his motion, to the Committee on Cor¬
porations.
Mr. Graham introduced a bill to regulate office hours in
certain offices, which was read first time.
On motion of Mr. Simpson, the Senate adjourned until 10
o'clock to-morrow morning.
WEDNESDAY, Decembeb, 2, 1863;
The following bills and resolutions duly engrossed were
transmitted to the House of Commons, entitled to wit:
"A bill concerning Rutherford Academy."
. "A bill to amend the charter of the North Carolina Chris¬
tian Advocate Joint Stock Publishing Company."
"Resolution in relation to the arrest and imprisonment of
Eli Swanner, of Beaufort County."
"Resolution requesting our Senators and Representatives
an Congress, to secure an increase of the pay of soldiers and
for other purposes?
Mr. Wiggins, from the Committee on Finance, reported
back the resolution entitled "A Resolution directing the
Public Treasurer to issue duplicates of -certain coupon
bonds," and recommended its reference to the Committee on
Claims.
On motion of Mr. Outlaw, the same was referred to the
Committee on the Judiciary.
. Mr. Lassiter, from the Committee on Propositions and
Grievances, reported hack the memorial of John Manning,
20
SENATE JOURNAL.
aad asked to be discharged from its further consideration,,
and the committee were so discharged.
Mr. Warren, from the Committee on the Judiciary; repor¬
ted upon the bill entitled "A Bill to amend the 34th Chapter,
Section 85, of the Revised Code," and recommended a sub¬
stitute therefor; which was read.
Mr. Ramsay, from the committee on Claims, reported upon
the resolution entitled " Resolution in favor of John W. Him
son, Sheriff of Duplin County," and recommended that it do
pass.
The resolution was subsequently taken up on motion of
Mr. Dickson, and read a second and third time and passed.
An engrossed Bill entitled, "A Bill to incorporate the
Pettigrew Monument Association," transmitted from the
House, was read first time and the same subsequently was
-taken up, read a second time and amended, on motion of Mr-
Wright, by striking out the name of James B. Shepherd and
inserting the name of James F. Taylor.
The bill as amended passed, and it was read a third time
and passed.
Messages were received from the House, that Messrs. Rus-
sel of Craven, Francis, Howard, Welborn and Woodall con¬
stitute the House branch of the Committee on Enrolled Bills;
that they propose that a joint select committee of three on the
part of the House and two on the part of the Senate be raised,
to take into consideration the propriety of reimbursing the
Public Printer for losses sustained by him in doing the public
work, which was agreed to; that tliey recommend to be
commissioned as Justices of the Peace for Transylvania
County, E. P. Nicholson, Benjamin Morrell and John C.
Duckworth, which was also agreed to; also, that they trans¬
mit a message of His Excellency, the Governor, and accom¬
panying documents—Report of the Adjutant General, &cf,
arid propose to print the same, which was laid on the table,
on motion of Mr. Young.
Mr. Wiggins, from the Committee on Finance, reported
back the resolution'of instruction to inquiie into the proprie-
£868.] SENATE JOURNAL. 21
ty of making the valuation of slaves for taxation uniform
throughout the State, and asked to be discharged from its
further consideration. The committee were so discharged.
Mr. Arendell, from the Committee on Corporations, repor¬
ted upon bills entitled "A BiH to incorporate the North Car¬
olina Express Company," and "A Bill to incorporate the
North Carolina Volunteer Navy Company," and recommen¬
ded that they do pass.
Leave of absence was granted to Mr. Copeland from and
■after to-day, on motion ol Mr. Outlaw.
Mr. Sanders introduced a bill relative to the compensation
of the tax collector of Johnston County, which was read three
several times and passed, the rules having'been suspended
on his motion.
Engrossed resolutions entitled "Resolution in favor of Jo¬
seph Cobb, Sheriff of Edgecombe County, transmitted from
the House, was read first time and referred, on motion of Mr.
Graham, to the Committee on Claims.
Mr. Lassiter introduced a bill to amend an act entitled
"An act to authorize the Governor to employ slave labor in
erecting fortifications and other works," ratified December
"20th, 1862, which was read first time, and it was subsequent¬
ly taken up on motion of Mr. Taylor of Chatham, and read
a second time and passed. The same was referred to the
Committee on Military Affairs, on motion of Mr. Outlaw.
Mr. Sharpe, for the Committee on the Judiciary, reported
hack the resolution ot' instruction to said committee to inquire
what relief, if any, is necessary to protect executors and others
in the collection of debts in Confederate currency, and asked
to'be discharged from its further consideration, and the com¬
mittee were so discharged.
Mr. Sharpe, »for the same committee, reported upon the
bill entitled "A Bill to authorise the investment of trust funds
in Confederate Bonds," and recommended an amendment
thereto.
Mr. Young, from the Committee on Military affairs, repor¬
ted lipon a bill entitled "A Bill concerning the rank of
22
SENATE JOHRNAE.
[session
assistant officers in tie Adjutant General's office,^ and, recom¬
mended that it do pass.
A message was received from the House of Commons that
they propose to< raise-a joint select committee of three on the
part of the House and two on the part of the Senate, to take
into consideration the subject of impressments j which was
agreed to.
The bill entitled, " A bill to regulate office hours in certain
offices," was read a second time and passed.
The bill entitled, " A bill in relation to depositions," was
read a third time and passed.
The engrossed resolution entitled "Resolution in regard to
comparing the vote for Congress in the tenth Congressional
District," was read a third time and rejected.
Mr. Harris of Rutherford, asked the yeas and nays on the
question of its passage; but the motion was not agreed to. ,
The resolution entitled "A Resolution concerning the prin¬
ting of the Treasurer's Report," transmitted from the House-
duly enrolled and signed by the Speaker thereof, was signed
also by the Speaker of the Senate.
The bill entitled "A Bill in relation to salaries and fees,"'
was read a third time and amended, on motion of Mr. Gra¬
ham, by striking out ef section second the words "county
surveyors and chain carriers" and also by adding words a&
follows: " The Adjutant General the pay of a General in the
Confederate service commanding in the field."
Mr. Ramsay moved to amend same section by adding these
words : " The Superintendent of Common Schools, two thou¬
sand dollars."
On this amendment the yeas and nays were asked,.and one
fifth agreeing,
Those who voted in the affirmative are r .
Messrs. Adams of Davidson, A-^ams, of Guilford, Arendell,
Carroway, Ellis, Graham, Harris of Rutherford, Hoke, Lassi-
ter, Leitch, Neal, Outlaw, Patton, Patrick, Powell,1 Ramsay,
Sharpe, Slaughter, Smith of Anson, Smith of Stanly, Taylor
of Nash and Wooley—>22.
Those who voted in the negative are :
1863;]
SENATE JOURNAL.
Messrs. Aycock, Dickson, Faison,, Harris of Franklin,
Holeman, Jarratt, Jones, Lindsay, Matthews,. Murrill, Piteh-
ford, Sanders, Simpson, Taylor of Chatham, Whitford, Wig¬
gins, Wright and Young—18.
So the amendment was agreed to.
Mr. Hoke moved to amend Section 1 by striking out " three
thousand dollars " and inserting " two thousand live hundred
dollars " as the salary of the Judges of the Superior Court of
Law and Equity.
Mr. Outlaw moved to amend the amendment by striking
out " three thousand dollars and inserting these words, tb
wit: " That the Judges of the Supreme and Superior Courts
shall, in addition to their present salary, receive their actual
expenses whilst going to, returning from and holding their
respective courts—said expenses to be certified by said Jud¬
ges to the Public Treasurer andvpaid by him out of the Pub¬
lic Treasurywhich was not agreed to.
The question recurring on the amendment, Mr. Simpson
asked for the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Adams of Davidson, Adams of Guilford, Aycock,
Bagley, Dickson, Ellis, Faison, Harris of Franklin, Hoke,
Holeman, Outlaw, Patrick, Pitchford, Powell, Simpson,
Slaughter, Taylor of Chatham, Whitford, Wiggins and
Young—20.
Those who vo'ed in the negative are:
Messrs. Areinfoii, Gmitoway, Graham, Hall, Hams of Ruth¬
erford, Jarratt, Jones, Lassiter, Leitch, Matthews, Murrill,
Neal, Patton, Ramsay, Sanders, Sharpe, Smith of Anson,
Smith of Stanly, Taylor of Nash Wooley and Wright—21.
So the amendment was not agreed to.
Mr. Slaughter moved to amend by adding to Section 1 as
follows: "Provided, that Judges do not fail to ride and, hold
courts in the circuits assigned them which was not agreed to.
The question being on the passage of the bill on its third
reading, Mr. Taylor of Chatham, asked for the yeas and
nays, and one-fifth agreeing,
Those who voted in the affirmative are:
24
SENATE JOURNAL.
[Session
•Messrs. Adams of Davidson, Arendell, Dickson, Ellis,
Graham, Hall, Harris of Franklin, Harris of Rutherford,
Lassiter, Leitch, Neal, Patton, Pitchford, Ramsay, Sharpe,
Smith of Anson, Smith of Stanly, Taylor of Nash, Wooleyy
Wright and Young—21.
Those who voted in the negative are :
Messrs. Adams of Guilford, Ayeoek, Bagley, Oarroway,
Faison, Hoke, Holeman, Jarratt, Jones, Lindsay, Matthews,
Murrill, Outlaw, Patrick, Powell, Sanders, Simpson, Slaugh¬
ter, Taylor of Chatham, Whitford and Wiggins—21.
The Speaker voted in the affirmative and so the bill passed.
The Bill entitled "A Bill in relation to the crime of arson,"
was read a second time and amended, on motion of Mr. Gra¬
ham, by inserting after the words "shall wilfully and malici¬
ously burn," the words " in the night timeand also, on
motion of Mr. Marrill, by inserting, the words " or a mule or
mules " after the words "a horse or horses," and, as amended,
passed.
The resolution in relation to adjournment was laid on the
table, on motion of Mr. Outlaw.
On motion of Mr. Leitch, the Senate adjourned until 10
o'clock to-morrow morning.
THURSDAY, December 3, 18,63.
■ Prayer by Rev." Dr. Mason.
The following engrossed bills were sent to the House of
Commons, entitled to wit:
"A Bill concerning the Insane Asylum."
"A Bill in relation to depositions."
'iA Bill relative to the compensation of the tax collector of
Johnston County," and
"A Bill in relation to Salaries and Fees."
The Speaker announced Messrs. Sanders and Aycock as
the Senate branch of the Joint Select Committee on reim¬
bursing tli > Public Printer, and Messrs. Patton and Pitchiord
1863.1
SENATE JOURNAL.
25
as the Senate branch of the Joint Select Committee on Im¬
pressments.
Mr. Ramsay, from the Committee an Claims, reported
upon the resolution entitled " Resolution in favor of Joseph
Cobb, Sheriff of Edgecombe County^" and recommended
that it do pass.
Mr. Young, for the select committee to whom was referred
the bill entitled "A Bill to regulate the prices of all articles
produced, manufactured or sold in this State," made a report
and recommended an amendment thereto.
Mr. Warren, from the Committee on the Judiciary, repor¬
ted upon the bill entitled "A-Bill to repeal an act entitled
'An act to change the jurisdiction of the courts and the rules
of pleading therein,'" and recommended a substitute there¬
for, which was ordered to be printed and made the special
order for to-morrow 12 o'clock.
Mr. Warren, from the same committee, also reported in
pursuance of a resolution of instruction in relation to the
subject, a resolution in relation to sequestered or confiscated
lands in North Carolina; which was read first time.
Mr. Arendell, from the Committe on Corporations, repor¬
ted upon the bill entitled "A Bill to incorporate the Salem
and High Point Plank Road Company," and recommended
that it do pass.
Mr. Simpson introduced this resolution which was adopted,
to wit: -
"Resolved, That a message be sent to the House of Com¬
mons proposing to raise a joint select committee of two on
the part of the Senate and three on the part of the House of
Commons, to examine into the business now pending before
the two houses, and report forthwith, at what time it will be
compatible with the public interest, for the two bouses of the
General Assembty to adjourn sine die."
The bill entitled, " A bill concerning the rank of assistant
officers in the Adjutant General's office," was read a second
time and amended by striking out in Section 1, all after the
word " follows," and inserting these words, " The assistants in
26
SENATE JOURNAL.
[Session
the Adjutant General's Department shall have the rank of Ma¬
jor in times of war, and the clerks shall receive such pay not
exceeding fifteen hundred dollars per annum, as the Adjutant
General may determine."
The bill as amended passed, when, the rules were suspend¬
ed, on motion of Mr. Ramsay, and the same was read a third
time and passed.
Mr. Ramsay moved to suspend the rule in order that it be
sent to the House of 'Commons and it was agreed to.
The bill entitled, "A bill to regulate office hours in cep-
tain offices," was read a third time and passed, and the bill
entitled, "A bill to incorporate the North-Carolina Express
Company," was read a second time and'passed:
The bill entitled "A bill to incorporate the North-Carolina
Volunteer Navy Company," was read a second time, and on
the question of its passage Mr. Hall asked for the yeas and
nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Aycock, Arendell, Carroway, Dickson, Faisezr,
Hall, Harris of Franklin, Hoke, Holeman, Leitch, Ottt-
iaw, Patton, Pitchford, Powell, Sanders, Simpson, Smith
of Anson, Smith of Stanly, Taylor of Nash, Whitford, Wig¬
gins, Wooley, Wright and Young—24.
Those who voted in the negative are :
Messrs. Adams of Davidson, Adams of Guilford, Bagley,
Blount, Harris of Rutherford, Jarratt, Lassiter, Matthews,
Merrill, Neal, Ramsay, Sharpe, Slaughter, Taylor of Ghat-
ham and Warren—15.
So the bill passed.
Mr. Lassiter presented a memorial from a committee on
the part of the Raleigh and Gaston Railroad Company, pray¬
ing an amendment of their charter, which was read and re¬
ferred, on motion of Mr. Outlaw, to the Committee on Inter¬
nal Improvement.
Mr. Adams of Guilford, introduced a resolution instruct¬
ing the Committee on Finance to inquire into the expedien¬
cy of changing that part of schedule B, Sec. 86 of the Reve-
1S63.J
SENATE JOURNAL.
27
nue act, so as to read " part of nett profits " instead of " all
over seventy-five per cent.," which was adopted.
The bill entitled, " A bill to amend the 34th chapter, Sec.
85 pf the Revised Code," was read a second time, when, the
substitute recommended by the Committee on the Judiciary
was adopted, and the bill as>amended passed.
The bill entitled, " A bill to authorize the investment of
trust funds in Confederate bonds," was read a second time
and amended by inserting the words " in Confederate money"
after the word "funds" in line 2.
Mr. Leitch moved to lay on the table, and thereon Mr.
Patrick asked for the yeas and nays, and one-fifth agreeing,
Those who voted in the the affirmative are :
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Aycock, Bagley, JBlount, Dickson, Faison, Harris of feuther-
ford, Jarratt, Jones, Lassiter, Leitch, Matthews, Murrill, Neal,
Outlaw, Patton,, Patrick, Pitchford, Powell, Ramsay, San¬
ders, Simpson, Smith of Anson, Taylor of Chatham, Warren,
Wiggins and Wright—29.
Those who voted in the negative are :
Messrs. Carroway, Hall, Harris of Franklin, Hoke, Hole-
man, Sharpe, Smith of Stanly, Taylor of Nash, Whitford,
Wooley and Young—11.
So the bill was laid upon the table.
The bill entitled, " A bill in relation to the crime of awn "
was read a third time.
Mr. Young moved to amend by inserting these words, af¬
ter the words "containing a horse or horses, mule or mules,"
" or a stable having stored therein corn, or oats, fodder, or
other provender for horses or mules," which was not agreed
to. The bill passed.
The bill entitled, " A bill to protect sheep and promote the
growth of wool," was read a second time and amended on
motion of Mr. Sanders by striking out section fourth, and as
amended, rejected.
The bill entitled, " A bill to encourage the raising of sleep
28
SENATE JOURNAL.
[Session
and the production of wool," was read a second time and re¬
jected.
A message was received from the House of Commons, that
they agree to the proposition to raise a joint select commit¬
tee on adjournment, and Messrs. Allison, Robbins and Flem¬
ing are the House branch of said committee.
The Speaker announced Messrs. Simpson and Wiggins as
the Senate branch of the same.
Also, a message was received from the House, that they
transmit a message of His Excellency, the Governor, and ac¬
companying documents, to wit: Report from the Quarter
Master's Department, statement of the number, wages, &c.,
of the crew and officers of the steamer Advance ; which were
read. - ♦
An engrossed resolution transmitted from the House enti¬
tled, " Resolution in regard to the destruction of private pro¬
perty," was read first time and referred, on motion of Mr.
Wright, to a Select Committee.
Engrossed bills were transmitted from the House entitled,
to wit:
" A bill to authorize A. J. McBride, sheriff of Watauga
county, to collect arrears of taxes." Read first time.
" A bill to amend an act entitled, " An act in relation to
the Militia, and a Guard for Home Defence," which was read
first time, and referred to the Committee on Military Affairs,
and also ordered to be printed, on motion of Mr. Outlaw.
"A bill to authorize certain banks to receive bonds of the
State in payment of debts due said banks by way of tempora¬
ry loans to the State," which was read first time and referred
to the Committee on Banks and Currency.
A message from the House of Commons was received, that
they have passed the resolution transmitted to them from the
Senate, entitled, "Resolution concerning the per diem and
mileage of the members of the General Assembly," with an
amendment, to wit:
" Resolved, That the per diem and mileage of the Speakers
and Clerks of the Senate and House of Commons and of the
1863.]
SENATE JOURNAL.
29
Engrossing Clerks, be increased- in the same ratio with the
increase of the per diem and mileage of the members of this
General Assembly, as made in the preceding resolutions."
The Senate agreed to the message.
The following bills and resolutions transmitted from the
House of Commons, duly enrolled and signed by the Speaker
thereof, were signed by the Speaker of the Senate, entitled,
to wit:
" An act concerning Rutherford Academy."
" An act to repeal the third section of an act entitled ' an
act to divide the State into ten Congressional Districts.' "
" An act to amend an act entitled ' an act for the relief of
certain banks of the State and the people.' "
" An act to incorporate the Pettigrew Monument Associa¬
tion,"
" An act concerning the North-Carolina Institution for the
Deaf, Dumb and the Blind."
" An act to amend an act entitled, ' an act to1 consolidate
the various acts heretofore passed-to incorporate the town of
Statesville in the county of Iredell.' "
" An act to amend the charter of the North-Carolina Chris¬
tian Advocate Joint Stock Publishing Company."
" Resolution in relation to the arrest and imprisonment of
Eli Swanner, of Beaufort county."
" Resolution in favor of John W. Hinson, sheriff of Duplin
countyand
" Resolutions requesting our Senators and Representatives
in Congress to secure an increase of the pay of soldiers, &c."
The Senate adjourned until to-morrow morning 10 o'clock,
on motion of Mr. Outlaw.
FRIDAY, December 4, 1863.
Messrs. Wright, Leitch, Taylor of Chatham, Smith of An¬
son and Wooley, were announced by the Speaker the Select
'Committee to whom was referred the resolution in regard to
the destruction of private property. ■
30
SENATE JOURNAL*
[Session
Mr. Bagley from the Committee on Banks and Currency
reported upon the bill entitled, " A bill authorizing enlarg¬
ing the powers of certain banks to enable them to accept the
bonds of the State in 'payment of debts due them by way of
temporary loans to the State," and recommended that it do
pass.
Mr. Wright introduced a bill in regard to larceny and rob¬
bery, which was read first 1 ime and referred, on his motion,
to the Committee on the Judiciary, who subsequently report¬
ed upon the same and recommended that it do pass.
Mr. Matthews introduced a bill to incorporate the Miners'
Mining and Smelting Company, which was read first time
and referred, on his motion, to the Committee on Corpora¬
tions.
Mr. Leitch was appointed in place of Mr. Smith ©f Macon,
on the Committee on Internal Improvement.
Mr. Hall for the Judiciary Committee reported upon the
resolution entitled, " A resolution directing the Public Trea¬
surer to issue duplicates of certain coupon bonds," and re¬
commended that it do not pass. Said bill was subsequently
taken up on motion of Mr. Wiggins and read a second time,
and on the question of its passage, Mr. Powell asked for the
yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Aycock, Carroway, Dickson, Faison, Harris of
Franklin, Powell, Taylor of IN ash, and Wiggins—8.
Those who voted in the negative are:
Messrs. Adams of Davidson, Arendell, Blount, Ellis, Hall,
Harris of Rutherford, Hoke, Holeman, Jarratt, Jones, Lassi-
ter, Leitch, Lindsay, Matthews, Murrill, Neal, Outlaw, Pat-
ton, Patrick, Pitchford, Ramsay, Sanders, Simpson, Sharpe,
Slaughter, Smith of Anson, Smith of Stanly, Warren, Whit-
ford, Wooley, Wright and Young—32.
So the bill was rejected.
A message was received from the House of Commons, that
they recommend to be commissioned as Justices of the Peace
foi? their several counties the following persons, to wit: Col.
1863.]-
SENATE JOUBNAL.
31
D. McCormick, Foster Mas.on-, G. B. Baker, A* G. Thornton
and M. C. Lamont for Cumberland; J. L. Atkins and L.
McN. McDonald for Harnett, and H. G. Goodloe for War¬
ren. The Senate agreed thereto.
Also, a message from the House was received, that they
transmit and propose to print, statement of the condition of
the bank of Thomasville, and of the bank of Fayetteville,
which was agreed to.
A message was sent to the House of Commons, that the
Senate recommends certain persons to be commissioned as
Justices of the Peace for Iheir several counties, to wit:
James L. Skinner, for Perquimans, recommended by Mr.
Bagjey; B. F. Pairott, Anthony Davis and B. B. Yanse, for
Lenoir, by Mr. Patrick; E. S. Walton, for Burke, by Mr.
Heal ; Win. W. Fuller, for Granville, by Mr. Lassiter; Al¬
bert Jones, for Yadkin, by Mr. Jarratt; Smith McCurry, J.
Keeler, J. Logan, W. Huntley, J. Hampton, C. Spark, J.
Bigerstaff and B. J. McKrow, for Butherford, by Mr. Harris
of Butherford; J. B. Cherry and J. W. Cox, for Pitt, by Mr.
Blount; Preley P. Peace' and Jas. H. Foote, for Wake, by
Mr. Jones; and Nathan Milan and Henry Harris, for War¬
ren, by Mr. Pitchford.
The following bills were read a third time and passed, en¬
titled, to wit:
" A bill to incorporate the North-Carolina Express Com¬
pany."
" A bill to incorporate the North-Carolina Volunteer Navy
Company."
" A bill to amend the 34th chapter, sec. 85 of the Bevised
Code."
The bill entitled, " A bill to incorporate the Salem and
High Point Plank Boad Company," was taken up on motion
of Mr. Matthews, and read a second and third time, under
a suspension of the rules, and passed.
The resolution entitled, " Besolution in favor of Levi Daw-
gon," was taken up on motion o£ Mr. Blount, and read a third
time and passed.
32
SENATE JOURNAL.
[Session
Engrossed resolution entitled, " Resolution in favor of Jo¬
seph Cobb, sherilf of Edgecombe county," was taken up and
read second and third times, under a suspension of the rules,
and passed. ,
The resolution entitled, " Resolution in relation to seques¬
trated or confiscated lands in North-Carolina," was read a se¬
cond time and passed.
On motion of Mr. Simpson, the vote by which the'Senate
agreed on yesterday to the amendment made by the House
to the bill in relation to the per diem and mileage of mem¬
bers of the present General Assembly was reconsidered, and
a message was sent to the House, that the Senate does not
agree to said amentment. ' . .
Mr. Smith, of Anson, introduced resolutions of instruction
to the Committee on Finance in relation to revenue, which
\ 7
were adopted.
The bill entitled, " A bill for the protection of sheep," was
read a second time and passed.
The bill entitled, " A bill to regulate the prices of all arti¬
cles produced, manufactured or sold in this State," was read
a second time and amended by striking out all in sec. 3, after
the word " commissioners," in line 5, and inserting as follows:
" He or she shall be taxed upon every such sale the full
amount for which the article was sold above the price fixed
by the Confederate Commissioners, and that every tax: payer
shall be required to list on oath the excess of price in every
such sale made by him, or her, which shall be collected and
paid over as other State taxes.
Mr. Harris, of Rutberiord, moved to make the bill the
special order for 12 o'clock, Monday next, which was not
agreed to.
Mr. Merrill moved to make it the special order for Wed¬
nesday next, and that it be printed as amended, together
with the memorial of the Commissioners of Appraisement for
North-Carolina.
Mr. Hall moved to amend the proposition, by striking oat
"Wednesday and inserting Tuesday 11 o'clock, which was
1863.]
SENATE JOURNAL.
33
agreed to and Mi-. Mnrrill's motion as amended was
agreed to.
Engrossed bill transmitted from the House, entitled, "A
bill for the relief of the wives and families of soldiers in the
army," was read first time and referred, on motion of Mr.
Y*r: rren, to the Committee on Propositions and Grievances.
The hill entitled, "A bill to repeal an act entitled 'an act
to change the jurisdiction of the courts and the rules of plead¬
ing therein,'" passed at the second extra session of the General
Assembly, 1860 and '61," being the special order, was read
a second time, and the substitute by way of amendment re¬
commended by the Committee on the Judiciary was adopt¬
ed, to wit:
Section 1. That there shall be hereafter two terms of the
Superior Courts of Law and Equity for each county in the
State, to be held at the times prescribed in chapter thirty-
one, sections nine, ten, eleven, twelve, thirteen, fourteen and
fifteen of the Revised Code, and by an act entitled, "An act
to establish the Eighth Judicial Circuit, and for other pur¬
poses," ratified the 12th day of December, 1862.
Sec. 2. Be it further enacted, That said Superior Courts of
Law shall have jurisdiction to try and determine all actions
of tort under the rules and regulations which existed prior to
the passage of an act entitled, "An act to change the juris¬
diction of the Courts and the rules of pleading therein," rati¬
fied on the 11th day of September, 1861, and all process
hereafter to be issued in such actions, and in all criminal pro¬
ceedings, shall be made returnable in like manner, and under
the same penalties as were prescribed prior to the passage of
said act.
Sec. 3. Be it further enacted, That all process in the said
actions and criminal proceedings from said Courts, heretofore
issued and made returnable to the Eall Terms, 1861, of said
Courts, shall be deemed and taken to be returnable to the
Spring Terms, 1861, of said Courts, respectively.
Sec. 1. Be it further enacted, That so much of the said act
of September 11th, 1861, as applies to the rules of pleading
3
34
SENATE JQURNAL.
[Session
in cases of bills for injunction and sequestration be, and the
same is hereby repealed.
Sec. &. Be it further enacted, That there shall hereafter, be
two terms of the Supreme Court, to be held in-the City of
.Raleigh, on the second Monday in June, and the thirtieth
day of December, or on the day after, in case the thirtieth
day be Sunday.
Sec. 6. Be it further enacted, That all laws coming in con¬
flict with the provisions of this act be, and the same are. here¬
by repealed. ,
Mr. Patton moved to amend by inserting in section 4th, after
the word "sequestration," these words, "and petitions for
sale-, or partition of land," which was agreed to.
The following section proposed by-Mr. Warren was insert¬
ed, to wit:
Section 6. Be it further enacted, That the County Courts
shall have jurisdiction to try and determine all cases of con¬
tested wills.
And, the bill as amended passed, when, on motion of Mr.
Lassiter, the rules were suspended and the same was read a
third time and passed.
The bill entitled, "A bill to authorize A. J. McBride, sheiv
iff of Watauga county, to collect arrears of taxes," was read
a second time and passed, when, bn motion of MivJarratt,
the rules were suspended and the same was read a third
time. ,, '
Mr. Ramsay moved to amend by adding to section 1 this
proviso : " Prodded, That said taxes shall not be collected
if any.person shall voluntarily make oath that he or she has
paid the same," which was agreed to, and the bill as amend¬
ed, passed.
, Mr. Warren introduced a, bill to authorize Courts of Qy$r
and Terminer, which was read first time, and referred .on
inotion of Mr Outlaw, to the Committee on the Judiciary ;
also, on his n'mtion, said bill was ordered to be printed.
,;Mr. Murrill, introduced a- bill to prevent persons not citi¬
zens of this,State or Confederate States from peddling or trad-
ami
WM® 'JWM.
tug in this State, which was read first time and referred, on
Lis motion to a Select Committee.
The Speaker announced as said committee, Messrs. Mur-
rill, Aycoek, Adams of Davidson, Sharpe and Taylor of Nash.
The following bills duly engrossed were transmitted to. the
House of Commons, entitled, to wit:
" A bill in relation to the crime of arson."
A bill to incorporate the North-Carolina Express Com¬
pany."
" A bill concerning the rank of assistant officers in the Ad¬
jutant General's office." And
" A bill to regulate office hours in certain offices."
• On motion of Mr. Ramsay, the Senate adjourned untilto-
morrow morning 10 o'clock.
SATURDAY, December 5, 1863.
Mr. Hoke presented a memorial from Leroy Stowe, pray¬
ing to be granted " the liberty to have some corn" whiskey
made for the benefit of the sick and afflicted of Gaston coun¬
ty, &c." which was referred to the Committee on Proposi¬
tions • and Grievances; on his motion, also, Mr. Hoke pre¬
sented another memorial from G. W. Toder, praying an
amendment of the law in relation to issuing examination of
femes covert, which was referred, on his motion, to the Com¬
mittee on the Judiciary.
Mr..Wright 'from the Select Committee to whom was re¬
ferred the resolution entitled, " Resolution in regard to the
destruction of private property," reported upon the same,
and recommended that it do not pass.
Mr. Lassiter from the Committee on Propositions and
Grievances, reported upon the bill entitled, "A bill for the
relief of the wives and families of soldiers in the army," and
recommended that it do pass.
Mr. Young from the Committee on Military affairs report¬
ed upon the bill entitled, " A bill to amend an act entitled*
SENATE JOURNAL.
' an act to authorize tlie Governor to employ stave tabor in
erecting fortifications and other works/ " and recommended
that it do not pass ; also, upon the bill entitled, " A bill to
amend an act in relation to the Militia, and aGuard;for Home
Defence," and recommended that it do pass.
Mr. Outlaw moved to make the latter bill the special or¬
der for Monday 11 o'clock, which was agreed to.
Bat, the vote was reconsidered and the bill was made the
special order for Tuesday next, at 12 o'clock.
Mr. Simpson from the Joint Select Committee to inquire
in relation to what time the two Houses should adjourn, made
a report and recommended a resolution, to wit:
" Resolved, That the two Houses of this Gefleral Assembly
will adiourn, sine die, on Saturday, the 12th instant, at 9
o'clock, A. M."
The resolution was amended, on motion of Mr. Outlaw, by
striking out " Saturday, the 12th instant," and inserting
" Monday, the 14th instant," and passed, and same was sent
to the House of Commons under suspension of the rules', on
motion of Mr. Simpson.
Mr. Murrill from the Select Committee to whom was re¬
ferred the bill entitled, "A bill to prevent persons, not citi¬
zens of this State, or the Confederate States, from peddling or
trading in this State," reported upon the same and recom¬
mended an amendment thereto.
Mr. Ramsay introduced this resolution, which wasadopted,
to wit:
" Resolved^ That a message be sent to the House of Com¬
mons, proposing that the two Houses go into an election for a
Judge of the Eighth Judicial Circuit, to fill the vacancy occa¬
sioned by the resignation of Honorable John L. Bailey, on
Tuesday next,'at 1 o'clock, P. M.
Mr. Patton nominated Honorable P. S. Gaither for Judge
of the 8th Judicial Circuit, and the House was informed
thereof.
Mr. Hall introduced a bill to increase the fees of theSpecial
Magistrate for the town of Wilmington, which was read three1
SEN4EE JOURNAL.
■several times, the rules haying been suspended, on his mo¬
tion, and passed.
Mr. Murrill introduced a resolution in favor of H. H. Sand-
lin of Onslow eounty, which was read first time and referred,
on his motion, to the Committee on Claims.
Mr. Faison introduced a resolution to raise a Select Com¬
mittee to inquire into the expediency of increasing the fees
of jurors and witnesses, which was adopted; and, the Speaker
announced as said committee: Messrs. Faison, Harris of
Franklin, Jarratt, Jones and Smith of Stanly.
Mr. JPiteliford moved to reconsider the vote by which was
passed on yesterday the bill to restore the Superior Courts
and other purposes, and asked for the yeas and nays thereon,
and one-fifth agreeing,
Those who voted in the affirmative are:
- Messrs'. Bagley, Faison, Harris of Franklin, Holeman,
Jones, Matthews, Pitchford, Powell, Taylor of Nash, Wig¬
gins and Wrightr—11.
Thqse who voted in the negative are:
Messrs.,Arendell, Blount, Cartway, Ellis, Hall, Harris of
Rutherford, Hoke, Jarratt, Lassiter, Leiteh, Lindsay, Murrill,
Neal, Outlaw, Patton, Patrick, Ramsay, Sanders, Simpson,
Sharpe, Slaughter, Smith of Anson, Smith of Stanly, Warren,
Whitford, Wooley and Young—27.
So the Senate refused to reconsider.
Mr. Arend,ell introduced a bill to limit the production of
•cotton and tobacco in the year 1864; which was read first
time, and referred, on his motion, to the Committee on
Agriculture.
Mr. War re® asked leave of absenee, which was granted,
for Mr. Aycoek for to-day and until Tuesday next, and for
Mr. Wright from and after to-day until Thursday next.
Mr. Bagley introduced a resolution of instruction to the
■Committee on the Judiciary to enquire into the expediency
of transferring jurisdiction of Courts of Equity for counties
within the lines of the enemy, to the Supreme Court, which
was .adopted.
38 SENATE JOUENAL. [Session
A message from the House of Commons was received,,
that they agree to the message of the Senate in relation to
the recommendation of sundry persons to be commissioned
as Justices of the Peace, and they ask the Senate to concur
with them in recommending also to be commissioned W. 6.
B. Garrett for Haywood, and others. The Senate refused to
concur.
A message was sent to the House, that the following per¬
sons are recommended to be commissioned as Justices of the
Peace for their several counties, to wit: Daniel Tout for
Catawba, nominated by Mr. Hoke; Wm. J. Colbort for
Iredell, by Mr. Sharpe; "Wm. H. Happer for Currituck, by
Mr. Lindsay; Richard F. Marlow for Columbus, by Mr. Ellis,,
and Duncan Ray and Archibald Graham of Qnewhixfer Dis¬
trict, for Cumberland, by Mr. Wright.
Mr. Young introduced the following resolution, which was
adopted, to wit:
" Resolved, That His Excellency the Governor he respect¬
fully requested to inform the Senate how much of the appro¬
priations of three hundred thousand dollars, made by an
'act for the relief of our sick and wounded soldiers,'and
thirty thousand dollars, made by 'an act to insure the pro¬
tection of the people of North-Carolina against small pox/
has been expended, and to furnish a detailed statement of
the manner in which each has been disbursed."
Mr. Slaughter introduced a bill to release and repay tax^s
imposed on property lost; which was read first time and re¬
ferred, on his motion, to the Committee on Finance.
A message was received from the "House of Commons, that
thev have passed the bill entitled "a bill concerning the-
Insane Asylum," with amendments, to wit: Strike out
$87,500 and insert $150,000, wherever and so often as it
occurs in the bill, and also strike out $150,000 and insert
$212,000. On motion of Mr. Outlaw, the bill, &c , was re¬
committed to the Committee on the Insane Asylum.
The following engrossed bills from the House were read
first time, entitled to wit:
1&60.J SENATE JOITRNAL.
39
" A bill to amend an act entitled ' Revenue.'"
"A bill concerning slave labor on public works."
" A bill concerning Cherokee Lands."
Also, Resolution entitled "Resolution in favor of sick
and wounded soldiers," was read and adopted.
On motion of Mr. Hoke, the bill concerning Cherokee
Lands was referred to the Committee on the Judiciary.
The bill entitled " A bill for the protection of sheep," was
read a third time and laid on the table, on motion of Mr.
Murrill.
The bill entitled " A bill in regard to larceny and robbery "
was read a second time and passed; when, on motion of Mr.
Wright, the rftles were suspended, and the same was read a
third7time and passed.
The resolution entitled "Resolution in relation to seques¬
tered or confiscated lands in North-Carolina," was read a
third time and amended, on motion of Mr. Hoke, by adding
resolution 2d : "That in the opinion of the General Assem¬
bly, the lands of alien enemies belong to the State of North-
Carolina, and that the State asserts her right to the same."
The resolution as amended, passed.
The bill entitled, " A bill authorizing enlarging the powers
of certain banks to enable them to accept the bonds of the
State in payment of debts due them, &c.,?' was read a second
time, and on the question of its passage, Mr. Ellis asked for
the veas and nay*, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Bagley, Hall, Harris of Franklin, Neal, Patton,
Ramsay, Smith of Anson, Smith of Stanly, Warren, Wiggins,
Wooley, Wright and Foung—13.
Those who voted in the negative are :
Messis. Blount, Carroway, Ellis, Faison, Harris of Ruther¬
ford, Hoke, Jarratt, Jones, Lassiter, Leitch, Lindsay, Mat¬
thews, Murrill, Patrick, Pitchford, Powell, Sanders, Simpson,
Taylor of Nash and Whitford—20.
So the bill was rejected.
Mr. Leitch from the Committee on Internal Improvements
40
SENATE JOURNAL.
[Session
to whom was referred a memorial of the Raleigh and Gawton
Railroad Company, reported a hill entitled, "A bill to amend
an act entitled, ' an act to amend an ac;t entitled an act to in¬
corporate the Raleigh and Gaston Railroad Company rati¬
fied December 25th, 1862,'" which was read first time.
The following bills and resolution duly engrossed were
i transmitted to the House of Commons, entitled, to wit:
"A bill to incorporate the North Carolina Volunteer Navy
Company."
" Resolution in favor of Levi Dawson."
"A bill to incorporate the Salem and High Point Plank
Road Company;" and
"A bill to amend the charter of the North-Carolina.Chris¬
tian Advocate Joint Stock Publishing Company."
Mr. Simpson moved to adjourn until Monday morning 10
o'clock.
Mr. Voung moved to amend by striking out " Monday
morning 10 o'clock," and inserting " 3 o'clock this afternoon,"
which was not agreed to.
The Senate adjourned until 10 o'clock Monday morning.
MONDAY, December 7, 1S83.
Mr. Ramsay from the Committee on Claims, reported upon
the resolution entitled, " Resolution in favor of H. PI. Sand-
lin of Onslow county," and recommended that it do pass.
. Mr. Faison from the Select Committee, to whom was re¬
ferred the resolution of instruction in relation to increasing
the fees of jurors and witnesses, reported a bill entitled, u A
bill to increase the pay of jurors and witnesses," which was
read first time.
Mr. Arendell from the Committee on Corporations, report¬
ed upon the bill entitled, "A bill to incorporate the Miners'
Mining and Smelting Company," and recommended that it
do pass.
Also, Mr. Arendell introduced a bill to transfer jurisdiction
1863.]
SENATE JOURNAL.
41
of crimes committed in counties held or controlled by the
enemy, which was read first time and referred, on his mo¬
tion, to the Committee on'the Judiciary.
Bills and resolutions entitled as fellows, were introduced
and read first time, to wit:
By Mr. Patton, "A bill to encourage the production of
wool."
By Mr. Simpson, " A resolution in favor of Drury King."
By Mr. Ramsay, " A bill in relation to sheritf's commis¬
sioners," which, on his motion, was referred to the Commit¬
tee on Propositions and Grievances.
By Mr. Lassiter, " A bill amendatory of an ordinance of the
Convention entitled, 'An ordinance to secure to certain offi¬
cers and soldiers the right to vote,'" which was referred, on
his motion, to the Committee on Privileges and Elections.
By Mr. Ramsay, " Resolution requiring certain sheriffs to
refund money into the Public Treasury."
By Mr. Graham, "A bill to punish the breaking of a dwel¬
ling house and stealing therefrom in the day time," which
was referred, on his motion, to the Committee on the Judi¬
ciary.
An engrossed bill transmitted from the House of Commons,
entitled, " A bill to amend the Revised Code in relation to
taking the bonds of sheriffs," was read first time, when, on
motion of Mr. Leitch, the rules were suspended and the same
was read a second and third times and passed.
Messages were received from the House of Commons, that
the House recedes from their amendments to the resolution
entitled, "Resolutions concerning the per diem and mileage
of the members of the present General Assembly that they
agree to the proposition of the Senate to go into an election
for Judge of the 8th Judicial Circuit, on Tuesday next, at 1
o'clock, P. M. ; that they agree to the recommendation of
Archibald Graham and Duncan Ray as Justices of the Peace
for Cumberland county, but " refuse to agree as to the re¬
commendations of other persons nominated in the Senate,"
and that they agree to the resolution that the General Assfein-
42
SENATE JOUBNAH
[Session
bly shall adjourn, sine die, on Monday the 14th instant, at 9
o'clock, A. M. • ■
On motion of Mr. Lassiter, a message was sent to the House
of Commons, that the Senate proposes to raise a Joint Select
Committee of two on the part of the House, to inquire in re¬
lation to the publication of the journals of*the late Conven¬
tion.
The bill entitled, " A bill to amend an act entitled ' an act
to authorize the Governor to employ slave labor in erecting
fortifications and other works,' ratified December 20th, 1862,"
was read third time, when, Mr. Ramsay moved to amend
section second by striking out " thirty dollars " and inserting
"sixty dollars," and by striking out "sixty dollars " and in¬
serting " one hundred and twenty dollars."
Mr. Outlaw moved to lay on the table, which motion pre¬
vailed.
A message was received from the House of Commons, that
their,branch of the Joint Committee on Enrollment consists of
Messrs. Foust, Bynum, Brown, Young of Iredell and Keener.
The Speaker announced Messrs. Lindsay, Bagley and
Adams of Guilford, as the Senate branch of said Committee.
Bills entitled, "A bill concerning slave labor on public
works," and "A bill for the relief ot the wives and families
of soldiers in the army/' were read a second time and passed.
The resolution entitled, "Resolution in regard to the des¬
truction Of private property," and the bill entitled, " A bill to
amend ' an act, entitled an act, to amend an act, entitled an
act to incorporate the Raleigh and Gaston Railroad Company,
ratified December 25th, 18&2,'" were read a second time and
rejected. , •
The bill entitled, "A'bill to amend an act entitled 'Reve¬
nue,' " was read a second time, when Mr. "Wiggins moved to
amend by striking out " five hundred dollars " and inserting
" one hundred dollars."
Mr. Young moved to amend the amendment as follows :
Strike out" five hundred dollars in every county in which they
receive and deliver packages," and insert "five per cent, up^-
SENATE* JOURNAL..
on their gross receipts, returns to' beimade.underoath, quar¬
terly, to the sheriff or tax1 collector of, each county by each
agent in the State, and the tax to, be paid at the time the re¬
turns are made; and any agent refusirig.or neglecting to do
so, shall be guilty of a high misdemeanor and'shall be fined
not less than $*!,000 for each offence." *
The bill and amendments proposed were committed to the
Committee on Internal Improvement, on motion of Mr. Hoke.
Engrossed-bill entitled, " A bill to amend an ordinance of
the late Convention, entitled ' an ordinance to incorporate the
Piedmont Railroad Company,'" was read first time and refer¬
red,"on motion, of Mr. Hoke, to the Committee on Internal
Improvements. ,
Mr. Pitchford was announced by the Speaker a member of
the Committee on the Insane Asylum in place of Mr. Smith
ofiMacon, < •
Mr. Faison moved to reconsider the vote by which was re¬
jected on yesterday the bill entitled, " A bill authorizing en¬
larging the powers of certain banks to enable them to accept
the bonds of the State in payment of debts due them by way
of temporary loans," which was agreed to.
A message was received from the House, that, they agree
to the amendments made by the Senate to the bill entitled.,
"r A*,.bill toamend* chapter 34, Section 85 of the Revwd
Code," and said bill is ordered to be enrolled. .
Also, a message was received from the House, that tip y
recommend to be commissioned .as .a Justice of the Peace
for Wilson county, John Wilkinson, which was agreed to.
And a message was sent to the House, that the Senate recom¬
mends to be commissioned also as Justices of the Peace for
Cabarrus county, W. S. Harris, J. F. Gilmer and P. M. Mor¬
ris, nominated by Mr. Smith of Stanly.
The bill entitled, A bill to prevent persons not citizens of
this State or Confederate States, from peddling or trading in
this State," was read second time, and the amendment re¬
commended by the Select Committee, to whom it was refer¬
red, was adopted, to wit: Add to Section 3, " Provided, That
SENATE JOURNAL.
[Session
the right of appeal, according to the rules prescribed in other
canes, $hall be given to the defendant in cases of this kind."
On the question of its passage, Mr. Ellis asked the yeas
and nays, and one-fifth agreeing,
Those who voted in the affirmative are :
Messrs. Ellis, Harris of Rutherford, Murrill, Neal and Whit-
tqrd—5.
Those who voted in the negative are:
Messrs. Adams ot Guilford, Arendell, Bagley, Blount,
Brown, Carroway, Faison, Graham, Hall, Harris of Franklin,
Hoke, Holeman, Jarratt, Lassiter, Leitch, Lindsay, Matthews,
Patton, Patrick, Pitchford, Powell, Ramsay, Simpspn, Slaugh¬
ter, Smith of Anson, Smith of Stanly, Taylor of Chatham,
Wiggins and Wooley—29.
So the bill was rejected.
The following bills and resolution duly engrossed were
transmitted to the House of Commons, entitled, to wit:
" A bill to restore the Courts and for other purposes."
" A bill to increase the fees of the Special Magistrate for
the town of Wilmington."
" A bill in regard to larceny and robbery ;" and
"Resolution in relation to sequestered or confiscated lands
in North-Carolina."
A bill entitled, "A bill in relation to the compensation of
the tax collector of Johnston county," transmitted from the
House as duly enrolled and signed by the Speaker thereof,
was signed also by the Speaker ot the>Senate.
Engrossed resolution entitled, "Resolution in relation to
impressments," was read first time.
The Senate adjourned until 10 o'clock to-morrow morning,
on motion of Mr. Graham.
TUESDAY, December 8, 1863.
Mr. Lassiter from the Committee on Propositions and
Grievances, reported back the memorial of Leroy Stowe, and
1863,3 SENATE JOTTBNAL.
45
the bill entitled, " A bill in relation to sheriffs' commissions,"
and asked to be discharged from their farther consideration,
and the committee were so discharged.
Mr. Leitch from the Committee on Internal Improvements,
reported upon the bill entitled, " A bill to amend an ordinance
of the State Convention, entitled ' an ordinance to incorporate
the Piedmont Railroad Company,'" and recommended that
it do not pass.
Mr, Hoke introduced a resolution, to wit :
" Resolved, That the Governor of the State be requested to
transfer to the Confederate authorities for local defence, the
troops now in the service and pay of the State."
The resolution was read and referred, on motion of Mr.
Hoke, to the Committee on Military Affairs.
Mr. Simpson introduced a resolution in favor of the door¬
keepers, which was read first time and referred, on motion of
Mr. Outlaw, to a Select Committee.
Messrs. Wooley, Harris of Franklin, Dickson, Jarratt and
Neal, were announced as said Committee.
The bill entitled, " A bill for the relief of wives and fami¬
lies of soldiers in the army," was read third time.
Mr. Whitford moved to amend by adding a section, to wit:
"Section 7. Be it further enacted^ That the widows and
mothers of all soldiers who are in service, or who have died
in service, or died from disease contracted or wounds receiv¬
ed while in service, and are in needy condition, shall share
equally in the distribution of this appropriation, with the
wives and children of soldiers."
Which was agreed to.
Mr. Wiggins moved to amend by striking out all after the
enacting clause and inserting as follows, to wit:
"That the sum of one million of dollars, to be paid in Trea¬
sury notes of the State of North-Carolina, in addition to the
appropriation heretofore made in that behalf, be and the same
is hereby appropriated for the support of the wives and fami¬
lies of the; indigent soldiers of this State, whether in the ser¬
vice of' the State or of the Confederate States, or whether
46
SENATE JOURNAL.
[Session
killed in battle, or dying in the military service of the coun¬
try, snck sum to be distributed among the several counties of
the State, as heretofore, according to white population as as¬
certained by the census of 1860.
Sec. 2. Be it further enacted, That the quota of each coun¬
ty shall be paid to the County Commissioner, or County Trus¬
tee of the same, according to the provisions of the act of the
General Assembly, ratified the tenth day of February, 1863,
entitled, "An act for the relief of the wives and families of
soldiers in the army," and shall be applied to the support of
the wives and families of the soldiers of this State as above
enumerated, according to the rules and regulations, which
Lave been or may be prescribed by the Courts of Fleas and
Quarter Sessions for each county.
Sec, 3. Be it further enacted, That this act shall be in force
from and after its ratification.
Mr. Outlaw moved to amend the amendment by striking
out in Section 1, the words " to be paid in Treasury notes of
the State of North-Carolina," which was not agreed to.
On the question of adopting the amendment, Mr. Outlaw
asked the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Blount, Dickson, Faison, Graham, Hall, Harris of
Franklin, Harris of Rutherford, Holeman, Jarratt, Jones,
Leitch, Matthews, Murrill, Neal, Fatton, Pitchford, Ramsay,
Sanders, Simpson, Smith of Anson, Smith of Stanly, Taylor
of Chatham, Taylor of Nash, Whitford, "Wiggins, Wooley and
Young—31.
Those who voted in the negative are:
Messrs. Brown, Carroway, Ellis, Hoke, Lassiter, Lindsay,
Outlaw, Patrick, Powell and Slaughter—10.
So the amendment was adopted.
Mr. "Whitford now proposed to amend by adding the same
section which was agreed to previous to the motion of Mr.
Wiggins to strike out and insert, &c., which was not agreed to.
Mr. Lassiter moved to amend by adding as section 7: "Be
tm.j
SENATE JOURNAL.
it further enacted, That the Public Treasurer may, at his dis¬
cretion, sell the Treasury notes herein to be appropriated,
and pay out their market or received value, in Confederate
notes, according to the provisions of this act," which was not
agreed to.
Mr. Murrill moved to strike out in section 1, the word
"white" before the word " population," and Mr. Ramsay
asked the yeas and nays thereon, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Lindsay, Murrill, Powell and Whitford—4.
Those who voted in the negative are :
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Blount, Brqwn, Cai^roway, Dickson, Ellis, Faison, Graham,
Hall, Harris of Franklin, Harris of Rutherford, Hoke, Hole-
man, Jarratt, Jones, Lassiter, Leitch, Matthews, Neal, Out¬
law, Patton, Patrick, Pitchford, Ramsay, Sanders, Simpson,
Bharpe, Slaughter, Smith-of Anson, Smit h of Stanly, Taylor of
Chatham, Taylor of Hash, "Wiggins, Wooley and Young—37.
So the amendment was not agreed to and the bill as amend¬
ed passed.
A message was sent to the House of Commons, on motion
of Mr. Hoke, that the Senate recommends to be commission¬
ed as Justices of the Peace for Cherokee county, Chas. N.
George, James Wright, Wiley Philips, William Jarratt, Phi¬
lip Farmer, Wm. J. A. Strange, Jesse Broo, James Thomp¬
son, Alexander Angel, Andrew Colvord and Thomas C.
Tat ham, and a message was received from the House that
they agree thereto.
Mr. Hoke moved to reconsider the vote by which was re¬
jected on yesterday the bill entitled, " A bill to amend 4 an act
entitled an act to amend an act entitled an act to incorporate
the Raleigh and Gaston Railroad Company, ratified 2oth
day of December, A. D., 1862,'" which was agreed to and the
bill, on motion of Mr. Lassiter, was made the special order
for to-morrow, 12 o'clock.
A message was received from the House of Commons, that
they would proceed, to an election-for-Judge of the 8th Judi-
m SENATE JOURNAL. [Session
\
cial Circuit upon the return of the messenger, that William
Bailey, Esq., Honorable Edwin G. Reade, W. W. Lenoir,
Esq., H. L. Holmes, Esq., are in nomination, and that Messrs.
Best and Henderson are the committee to superintend the
election on the part of the House.
The Speaker announced Messrs. Patton and Wooley as the
committee on the part of the Senate, and the Senate proceed¬
ed to the election with the following result': Honorable E. G,
Reade, received 23 votes; Honorable B. S. Gaither, 7; W.
W. Lenoir, Esq., 8; William Bailey, Esq., 1; H. L. Holmes,
Esq., 2; P. H. Winston, Esq., 1, and L. Q. Sharpe, Esq., 1.
Mr. Hall from the Committee on Privileges and Elections,
reported upon the bill entitled, "A bill amendatory of an or¬
dinance of the late Convention entitled, (an ordinance to se¬
cure to certain officers and soldiers the right to vote,'" and
recommended that it do pass. -
Mr. Ramsay from the Committee on the Insane Asylum,
to whom were referred the bill entitled, " A bill concerning
the Insane Asylum," with amendments thereto proposed-by
the House of Commons, made a report which was adopted,
and the Senate agreed to the message and amendments.
A message was received from his Excellency, the Gover¬
nor, and a report of the Surgeon General of North-Carolina,
in response to the resolution requesting certain information
in relation to the Surgeon General's office.
Mr. Young introduced the following resolution, to wit:
Resolved, That his Excellency, the Governor, be request¬
ed to have published the detailed report of expenditures in
the Surgeon General's Department^ of the appropriations
heretofore made by the Legislature for the benefit of the sol¬
diers of the State and to prevent the spread of small pox in
the State.
The resolution was read and adopted.
A message from the House of Commons was received, that
they agree to the proposition of the Senate to raise a Joint
Select Committee to inquire in relation to the publication of
the Journals of the late Convention, and that Messrs. Allison,
1863.]
SENATE JOURNAL.
49
Mann of Hycle and Gilliam, constitute the House branch of
kaid committee.
The Speaker announced as the committee on the part of
the Senate, Messrs. Lassiter and Aycock.
Mr. Patton from the Joint Committee to superintend t-h§
election oi Judge of the Superior Courts of Law and Equity ^
for the 8th Judicial Circuit, reported that Honorable Edwin,
G. Reade received 74 votes, being a majority of the whole
number of votes given, and is elected.
The bill entitled, " A bill to regulate the prices of all arti¬
cles produced, manufactured or sold in this State,"- ^as read
a second time, when, Mr. Brown moved to lay on the table.
Mr. Taylor of Chatham, asked the yeas and Pays thereon,
and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Brown, Carroway, Faison, Graham, Hall, Harris of Franklin,
Harris of Rutherford, Iloleman, Jarratt, Lassiter, Leitch,
Lindsay, Matthews, Murrill, Outlaw, Patrick, Pitchford, Pow¬
ell, Ramsay, Sanders, Simpson, Slaughter, Smith Anson,
Smith of Stanly, Wooley and Young—29.
Those who voted in the negative are:
Messrs. Aycock, Blount, Dickson, Ellis, Hoke, Jones, Neal,
Patton, Taylor of Chatham, Taylor of Nash and Wiggins—11.
So the bill was laid on the table.
The bill entitled, " A bill to amend an act in relation to the
Militia and a Guard for Home Defence," was read a second
time and the amendments recommended by the Committee
on Military Affairs were adopted, to wit:
" Strike out all of section 4 after the figures 1861."
Add to section 2, " Provided, they shall not be ordered
upon this duty beyond the limits of the counties in which
they reside, or the counties adjacent thereto."
Insert the words " regimental or " between the words " at"
and " battalion " in section 4, and strike out the word " Com¬
pany " before the word "drill" and insert the "any" in lieu
thereof in same section.
4
50
SENATE JOURNAL.
[Session
Add to section 5, these words: "and that they shall re¬
ceive the pay of their rank, and traveling expenses, to be de¬
termined by the Adjutant General."
Strikeout in section 6, the words after the word " Gover¬
nor " to the word " shall" in the fourth line .of the section.
Mr. Taylor of Chatham moved to amend by inserting in
section 3, " all regular shoe makers who have established
shops," which was not agreed to.
Mr. Hall moved to amend by striking out in section 1, line
9, the words " a month" and inserting the words " in two
weeks," and it was not agreed to. When Mr- Hall further
moved to amend by striking out the word " twice " and in¬
serting the words " four times " in line 10 of same section,
and it was not agreed to.
Mr. Sharpe moved to amend by striking out of section 3
the words of " five years practice " after the word " physi¬
cians," and inserting the words " in regular practicepend¬
ing which motion, the Senate adjourned until to-morrow
morning 10 o'clock, on motion of Mr. Graham.
WEDNESDAY, Decembeb, 9, 1863.
Reports were made as follows, to wit;
By Mr. Leitch, from the committee on Internal Improve¬
ments, upon the bill entitled "A bill to amend an act entitled
Revenue," recommending amendments .thereto.
By Mr. Holeman, from the committee on Agriculture, up¬
on the bill entitled " A bill to limit the production of cotton
and tobacco in the year 1861," asking to be discharged from
its further consideration. And the committee were so dis¬
charged.
By Mr. Hall, from the committee on the Judiciary, upon
the bills entitled "A bill concerning Cherokee Lands," and
" A bill to punish the breaking of a dwelling house and steal-
ing therefrom in the day time," recommending that they do
pass:; also, upon the memorial of G. M. Yoder, asking to be
1863.] SENATE JOtfKNAL.
51
discharged from its further consideration—and the committee
were so discharged.
By Mr. Wooley, from the select committee to whom was
referred the resolution entitled "Resolution in favor of the
Doorkeepers," upon the same, recommending amendments
thereto. ,
The resolution was taken up, on motion of Mr. Simpson,
and read a second time.
The amendments'proposed by the committee, as a substi¬
tute, were adopted, to wit:
" Resolve$, That the Speakers of both Houses be allowed
sixteen dollars each ; the Principal and assistant Clerks twen¬
ty dollars i the Engrossing Clerks sixteen dollars and the
Principal and assistant Doorkeepers twelve dollars each,per
diem, and mileage twenty cents, for the. present session ; and
that the Principal Clerk of both Houses be allowed the sum
of one hundred dollars each for transcribing the Journals for
the Public Printer, and other incidental services attached tp
their offices, for the present session.
Resolved further, That the Principal and assistant Door¬
keepers of both Houses be allowed the Sum of fifty dollars
each as an extra allowance for the present session.
The resolution as amended was passed, and read, under sus¬
pension of the rules, a third time and passed.
Mr. Wiggins from the Committee on Finance reported up¬
on the resolution of instruction in relation to the revenue,
and recommended the passage of n bill entitled, " A bill to
amend the act entitled 'Revenue,' ratified 11th day of Feb¬
ruary, US63."
Said bill was read three several times under a suspension
of the rules and passed, and the same was engrossed and sent
to the House of Commons, upon motion of Mr. Wiggins.
Mr. Ramsay introduced a resolution which was adopted,
to wit:
" Whebeas, The Governor of the State, at the request of
this General Assembly, and moved thereto by other, consider¬
ations becoming the Chief Magistrate of a Christian people,
52
SENATE JOURNAL.
[Session
has issued his Proclamation setting apart to-morrow, the 10th
day 6f this month, as a day of fasting, humiliation and pray¬
er; and whereas, the Constitution of this State declares that
the two Houses shall jointly by ballot adjourn themselves to
any future day, therefore,
jResolved^ That a message be sent to the Hotise of Com¬
mons, that the Senate proposes that when the two Houses ad¬
journ to-day, they shall adjourn to meet again on Friday the
ljth instant, at 10 o'clock, A. M., and asks the concurrence
of the House.
, A message was received from the House, that they agree
to the foregoing message, and they transmit a message ©f his
Excellency, the Governor, and accompanying documents, the
report of the."Western North-Carolina Railroad.
The following bills and resolutions transmitted from the
House of Commons duly enrolled and signed by the Speaker
thereof, were signed by the Speaker of the Senate, entitled,
to wit:
" A bill to authorize A. J. McBride, sheriff of "Watauga
county, to collect arrears of taxes."
A bill to amend Sec. 85, chapter 34 of the Revised Code."
" Resolution in favor of Joseph Cobb, sheriff of Edgecombe
county."
" A resolution in favor of sick and wounded soldiers."
"A resolution in relation to sequestered and confiscated
lands in North-Carolina;" and
" Resolution concerning the per diem and mileage of the
members of the General Assembly."
The following bills and resolutions were transmitted duly
engrossed from the House of Commons, were read first time,
entitled, to wit:
" A bill to amend chapter 101, section 9 of Revised Code."
" Resolution in favor of Charles Kelly."
* u Resolution in favor of Trustee of Bladen county," which
.was referred, on motion of Mr. Blount, to the Committee on
Claims.
11 A bill to regulate the fees of clerks and sheriff in the
1868.]
SEN&TE JOURNAL.
53
county of Guilford," which was read also a second time, the
rules having been suspended on motion of Mr. Adams of Guil¬
ford, and referred* on motion of Mr. Outlaw, to the Com¬
mittee on Propositions and Grievances.
Mr. Adams of Guilford introduced a bill to incorporate the
Hilgatar Iron Company, which was read first time and refer¬
red, on his motion, to the Committee on Corporations.
The bill entitled, " A bill to amend an act in relation to
the Militia and a Guard for Home Defence," Mr. Sharpe's
amendment pending, was taken up. The amendment was
not agreed to.
Mr. Wiggins moved to strike out in section 3; line 12, the
words " and their necessary employees,^ which was agreed to.
Mr. .Hoke moved to strike out section third, and thereon
Mr. Jones asked the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. AycoCk, Bagley, Blount, Ellis, Graham, Hoke,
Holeman, Lassiter, Leitch, Lindsay, Outlaw, Pitchford, Pow¬
ell, Simpson, Slaughter, Smith of Anson, Smith of Stanly,
Taylor of Hash, Whitford, Wiggins and Young—21. ,
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Brown,
Carroway, Dickson, Faison, Harris of Franklin, Harris of
Rutherford, Jarratt, Jones, Matthews, Murrill, Heal, Patton,
Patrick, Ramsay, Sanders', Sharpe, Taylor of Chatham and
Wooley— 20.
So the motion was agreed to and the bill as amended passed.
The resolution entitled, " Resolution in favor of H. H. Sand-
!in of Onslow county," was read a second and third times and
passed, the rules having been suspended on motion of Mr.
Muirill.
The bill entitled, " A bill in relation to sheriffs' commis¬
sions," was read a second time and rejected.
The following bills and resolution were read a second time
and passed, entitled, to wit:
" A bill to incorporate the Miners' Mining and Smelting
Company." h
" Resolution in favor of Drury King."
54
SENATE JOURNAL.
[Session
" A bill amendatory of ordinance of the late Convention,
tibfatleoj an ordinance to secure to certain officers and. sol¬
diers the right to voteand
" A bill to encourage the production of v ool."
"A bill concerning slave7 labor on public works," was read
a third time and passed.
The bill entitled, " A bill to amend an act entitled ' an act
to amend an act entitled an aet to incorporate the Raleigh
and Gaston Railroad Company,' ratified 25th day of Decem¬
ber, A. D., 1852," was read a second time and passed, when,
on motion of Mr. Lassiter the rules were suspended and the
same was read a third time.
Mr. Outlaw moved to amend by adding a section, to wit:
Section 3. Beit further enacted, That the provisions of this
act shall be and continue in force only during the existing
war between the TJnited States and the Confederate States.
The amendment was agreed to and the bill as amended
passed.
The resolution entitled, " Resolution requiring certain sher¬
iffs to refund money into the Public Treasury/' was read a
second and third times and parsed, the rules having been sus¬
pended, on motion of Mr. Ramsay.
The resolution entitled, " Resolution in relation to impress¬
ments/' was read a second and third times and pas&ed, the
rules having been suspended on motion of Mr. Sanders.
The bill entitled, "A bill to increase the pay of witnesses
and jurors," was read a second time and passed, when, the
rules yrpre suspended on motion of Mr. Faison, and the same
was read a third- time, and amended on motion of Mr. Young
by inserting in section 2, after the word " services " the words
" whether for attendance upon Court or for other purposes,"
and further, on motion of Mr. Ramsay, by. adding to section
2,il Provided, That when a majority of the Magistrates can
Hot be obtained one-third shall be competent to make such
order, *
The bill as amended passed.
^Thebill ehtitledj "A"bill authorizing enlarging the powers
1863.] SENATE JOURNAL.
55
of certain banks to enable them to accept the bonds of the
State in payment of debts due them from the State.by way
of temporary loans," was read a second time, the vote by
which the same was rejected having been reconsidered, and
the question of its passage, Mr. Simpson asked the yeas
and, nays, and one-fifth agreeing,
Those who voted in the affirmative are: >
Messrs. Arendell, Bagley, Graham, Holeman, Jarratt,
Jones, Matthews, Neal, Outlaw, Patton, Patrick* Ramsay,
Slaughter, Smith of Anson, Taylor of Nash, Warren, Wiggins,
Wooley and Young—19.
Those who voted in the negative are :
Messrs. Adams of Davidson, Adams of Guilford, Aycock,
Blount, Brown, Carroway, Dickson, Ellis, Faison, Harris of
Franklin, Harris of Rutherford, Hoke, Lassiter, Lcitch, Lind¬
say, Murrill, Pitchford, Powell, Sanders, Simpson, Sharpe,
Smith of Stanly and Whitford—23.
So the bill was again rejected.
A message was received from the House, that they do not
agree to the amendments made by the Senate to the bill en¬
titled, " A bill for the relief of the wives and families of sol¬
diers in the army."
A message was sent to the House, on motion of Mr. Gra¬
ham, that the Senate insists on its amendments.
A message was received from the House, that they request
a committee of conference upon the disagreeing votes of two
Houses.
The Speaker announced Messrs. Graham, Hoke and Ram¬
say as the committee on the part of the Senate.
A message was received from the House, that they have
passed the bill entitled, "A bill in relation to salaries and
fees," with certain amendments in which they ask the con¬
currence of the Senate, to wit: In section 1 strike out "from
and after the last day of December 1863," and insert " for the
year,1864;" and insert in same section "and nine hundred "
after " three thousand " in lines 6 and 9; insert " and allow¬
ances" after word " office " in section line 8and insert in
56
SENATE JOURNAL.
[Session
line 25 " standard keepers " after word'" processioners," and
in line 33, strike out the word " present" and insert the word
" third," and insert as an additional section between 2d and
3d sections as follows;: *
Section 3. Be it further enacted, That the Courts of Pleas
and Quarter Sessions of the several counties of this State, a
majority of the Justices being present, shall have the power
and authority to allow the Justices comprising the special
Courts of tfieir respective counties, such compensation as they
may deem adequate, to be paid in the same manner as the
compensation hitherto allowed by law."
The Senate rejected the first and second amendments, and
agreed to the remaining amendments, when, on motion of
Mr. Hoke a message was sent to the House, that the Senate
requests a committee of conference on the disagreeing votes
of the two Houses, to consist of three on the part of each
House.
On motion of Arendell, leave of absence was granted to-
Mr. Murrill from and after to-morrow. -
On motion of Mr. Adams of Davidson, a message was sent
to the House, that the Senate transmits a report of the bank
of Lexington. ..
The following bills and resolutions transmitted from the'
House of Commons duly engrossed were read first tithe, en¬
titled, to wit:
"Resolution in favor of Elizabeth A. Gordon of Gates
county."
" A resolution in relation to warrants and drafts drawn by
the Comptroller and Public Treasurer."
" A bill to incorporate Palmyra Lodge of A. Y. Masons,
Ho. 147;" and
" A bill to change the times of holding the Courts of Pleas
and Quarter Sessions in the county of Wilkes."
And resolutions entitled, " Resolutions instructing the Au¬
ditor of Public Accounts to inquire whether a better system
of keeping the accounts of disbursing officers and betfeir
checks on their accountability may not be introduced, atid
1863.]
SENATE JOURNAL.
£7
whether a betternlbde of cancelling the vouchers of the Pub-
lie Treasurer may not h'e adopted," was read and adopted.
The Senate adjourned on motion of Mr. Outlaw, until Fri¬
day 10 o'clock, A. M.
FRIDAY, December 11, 1863.
A message was received from the House of Commons, that
they request a committee of conference on the disagreeing
votes of the two Houses upon the bill in relation to salaries
and fees, and appoint as the committee on their part, Messrs.
Amis and Carters
The Senate branch of the committee was announced to be,
Messrs. "Wright and Leiteh.
The Speaker presented a petition of sundry citizens of Ran¬
dolph county, praying the recommendation of W. M. Keerans
to be commissioned as Justice of the Peace for said county.
And a message was sent to the House of Commons, that the-
Senate recommends to be commissioned as Justices of the
Peace for their several counties the following persons, to wit:
W. M. Keerans for Randolph; Wm. H. Powell, Thos. W.
Thompson and'Jesse- H. Bunch, for Bertie, nominated by Mr.
Outlaw; Jesse E. Barden, for Sampson, by Mr. Faison; Wm.
F. Freeman and William Bullock, for Granville, by Mr. Las-
siter; Thos. B. Hill and Quentin A. Ward, for Orange, by
Mr. Graham ; E. C. Lindsay, for Burke, by Mr. Neal; Nath¬
an Milan and Henry Harris, for Warren, by Mr. Pitchford,
and Seth Bridgeman, for Hyde, by Mr. Warren.
The following resolutions and bills duly engrossed, were
transmitted to the House of Commons, entitled, to wit:
" Resolution in favor of H. H. Sandlin of Onslow county."
" Resolution in favor of Speakers, Clerks and Doorkeepers."
" Resolution requiring certain Sheriffs to refund money in¬
to the Public Treasury."
" A bill to increase the pay of jurors and witnesses;" and
" A bill to amend ah act entitled an act to amend an act
58
SENATE JOURNAL.
[Session
entitled ' an act to incorporate the Raleigh and Gaston Rail¬
road Company, ratified December 25th, 1852.' "
Mr. Warren from the Committee on the Judiciary, report¬
ed upon the bills entitled, " A bill to transfer jurisdiction of
crimes committed in counties held or controlled by the ene¬
my," and " A bill to authorize Courts of Oyer and Terminer,"
and recommended that they do pass, the former with an
amendment thereto.
Mr. Lassiter from the Committee on Propositions and Griev¬
ances, reported upon the bill entitled, " A bill to regulate the
fees of clerks and sheriff in the county of Guilford," and re¬
commended that it do pass. The same was read a second
and third times and passed, the rules having been suspended,
on motion of Mr. Adams of Guilford.
Mr. Hoke introduced a resolution in relation to State troops,
which was read first time.
Mr. Wright introduced a bill in regard to .the Mutual In¬
surance Company in Fayetteville, which was read three seve¬
ral times and passed, the rules having been suspended on his
motion.
- Mr. Arendell introduced a bill to authorize four Justices of
Carteret county to appoint a commissioner and for other pur¬
poses, which was read first time, when, the rules were sus¬
pended on his motion, and the same was read a second time,
amended on motion of Mr. Patrick by including Craven
county, and passed; and, it was read a third time and
passed.
Mr. Young from the Committee on Military Affairs, report¬
ed upon the resolution .entitled, " Resolution in relation to
State troops," and recommended an amendment thereto.
Mr. Graham introduced a bill to incorporate the Trustees
of the North-Carolina Orphan Endowment Fund, which was
read three several times and passed—the rules haying been
suspended on his motion.
Mr. Graham also introduced a resolution, to wit:
' tl fiesol/ved, That the resolution appointing Mpdday next
for the final adjournment of this General Assembly be re-
1863.]
SENATE JOURNAL.
59
scinded, and that the two Houses will adjourn on Wednesday
next at? 12 o'clock, meridian."
The resolution was rejected.
Mr. Wiggins from the Committee on Finance* reported up¬
on the bill entitled, "A bill to release and repay taxes im¬
posed on property lost," and recommended an amendment.
The rules were suspended on .his motion and said bill was
read a second time, when the amendment was adopted, to
wit: Strike out all that part of the bill in section 2 after the
words " Public Treasurer."
The bill as amended passed, and was read a third time and
passed.
Mr. Arendell from the Committee on Corporations, report¬
ed upon the bill entitled, " A bilf to incorporate the Hilgotar
Iron Company," and recommended that it do pass.
The following engrossed bills transmitted from the House
of Commons were read first time, entitled, to wit:
" A bill to enforce the criminal laws of the State."
" A bill further to, define the duties of the Treasurer of the
Literary Fund and for other purposes."
" A bill authorizing the Treasurer to issue small Treasury
notes to the amount of four hundred thousand dollars."
" A bill to incorporate the Lockville Mining and Manufac¬
turing Company," which was referred to the Committee on
Corporations, on motion of Mr. Ramsay.
" A bill to provide for the establishment of graded schools
in North-Carolina and for other purposes," which, ou motion
ot Mr. Wiggins, was referred to the Committee on Education
and the Literary Fund.
The bill entitled, "A bill to encourage the production of
wool," was read a third time, and amended, on motion of Mr.
Patton, by adding to section 1: " Provided, That no person
Shall receive in any one year a greater premium than one
hundred dollars, and by inserting as an additional section, to
wit:
Section 2. Be it further enacted, That, if any wool raiser
shall receive a- greater sum by way of premium than his or
60
SENATE JOURNAL.
[Session
her taxes, that then the clerk of the county Courts shall give
a certificate to said wool raisers, showing the amount, which
certificate when presented to the Treasurer of the State, s^iall
by him be,paid. ,
The bill as amended was rejected.
The bill entitled, "A bill amendatory of an ordinance of
the Convention entitled ' an ordinance to secure to certain
officers and soldiers the right to vote,' " was read a third time
and passed.
The vote thereon was reconsidered, on motion of Mr. Gra¬
ham, and said bill was referred to the Committee on the Ju¬
diciary.
On motion of Mr. Ramsay leave a absence was granted to
Mr. Matthews, also to Mr. Jarratt, from and after to-morrow,
A message was received from the House, " that they refuse
to concur in the nominations made by the Senate for Justices
of the Peace."
Mr. Warren introduced a bill explanatory of an " An act
to admit proof of the hand writing of attesting witnesses in
certain cases," which was read first time.
The bill entitled, " A bill to punish the breaking of a dwel¬
ling house and stealing therefrom in the day time," was rqad
a second time and passed.
" Resolution in favor of JDrury King," was read a third
time and passed.
The bill entitled, " A bill to amend an act in relation to the
Militia, and a Guard for Home Defence," was read a third
time.
Mr. Patton moved to amend by adding a section, to wit:
Section 7. Be it f urther enacted, That when the pressure
of public danger stall not prevent the observance of such a
rule, the said Guards for Home Defence, shall not be called
into service, en masse, but by drafts of a number of men, from
each convenient cohtpany, so as to make up the aggregate
force required.
It was agreed to.
Mr. Young moved to amend by adding the words of section
1563.]
SENATE JOURNAL.
61
3, as before stricken out except as to theprovisos, and with
this proviso, to wit: Provided, "that these exemptions shall
only apply to the drills specified in the bill, and not to ser¬
vice when the Guard for Home Defence is called into the
field.
Mr. Ramsay moved to amend the amendment by striking
out the proviso and inserting the, words of the provisos in
the original bill, which was not agreed to.
The amendment was agreed to.
Itr. Hoke moved to strike out section 5, but it was not
agreed to.
The bill as amended passed and is ordered to be sent to the
House of Commons for agreement as to the amendments
thereto.
A message was received from the House of Commons, that
they agree to the proposition of the Senate to suspend for the
remainder of the present session the Joint Rule, No. 5, in
relation to engrossing bills, &c.; and that they have adopt¬
ed accompanying resolutions and ask the concurrence of the
Senate therein, to wit: - " ■ •
Resolved, That the joint resolution fixing the day ,to ad¬
journ, on Monday 14th of December, sine die, be and the
samp is hereby rescinded.
jBe it further resolved, That this Legislature adjourn on
Monday the 14th instant, to meet again on the third Tuesday
in May.
Mr. Hoke moved to amend by striking out-" third Tuesday
in May " and inserting "third Monday in April," which was
not agreed to.
Mr. Outlaw moved to strike out " third Tuesday in May,"
and " Monday next," and insert on " Wednesday next,,at 12
o'clock, sine die" which was not agreed to.
Mr. Patton moved to amend by striking out " third Tues¬
day in May " and insert " sine die" and it was not agreed to.
The question being on agreeing.to the message, Mr. Out¬
law asked thereon the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are :
62
SENATE JOURNAL.
[Session
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Blount, Brown, Dickson, Graham, Harris of Ruther¬
ford j Jarratt, Jones, Lassiter, Leitch, Matthews, Neal, Patrick,
Ramsay, Simpson, Slaughter, Smith of Stanly, Warren, Whit-
ford and Wooley—23.
Those who voted in the negative are :
Messrs. Ay cock, Carroway, Ellis, Faison, Harris of Frank¬
lin, Hoke, Holeman, Outlaw, Patton, Pitchford, Powell, San¬
ders, Sharpe, Smith of Anson, Taylor of Nash, Wiggins,
Wright and Young—18.
So the message was agreed to.
Leave of absence was granted to Mr. Neal from and after
to-morrow, on motion of Mr. Sharpe.
On motion of Mr. Slaughter, the Senate took a recess until
3| o'clock, PI M.
Friday Afternoon—O'clock, Dec. 11, 1863.
The bills entitled, " A bill to explain and amend section
sixty-eight chapter one hundred and seven of Revised Code,"
and "A bill concerning the Insane Asylum," transmitted
from the House of Commons as duly enrolled' and signed
by the Speaker thereof, were signed by the Speaker of the
Senate.
The following bills and resolutions having passed their sev¬
eral readings were transmitted to the House of Commons, un¬
der a suspension of the joint rule requiring bills, &c., to be
engrossed, entitled, to wit:
" A bill to authorize four Justices of Carteret and Craven
counties to appoint a commissioner, and for other purposes."
" A bill in regard to the Mutual Insurance Company in
Fayetteville."
" A bill to release and repay taxes imposted on property
lost."
" Resolution in favor of Drury Kinsrand
1863.] SENATE JOHBNAL.
63
" A bill to incorporate the Trustees of the* North-Carolina
Orphan Endowment Fund."
The Senate went into secret session on motion Of Mr. Gra¬
ham.
Having resumed business in open session, the bill entitled,
" A bill to authorize Courts of Oyer and Terminer," was read
a second time and passed, when, the rules were suspended
on motion of Mr. Warren, and the same was read a third
time ahd passed, and sent to the House of Commons.
The bill entitled, " A bill to incorporate the Miner's Mining
and Smelting Company," was read a third time and passed,
and sent to the House of Commons.
Engrossed bill entitled, "A bill concerning Cherokee
Lands," was read a second time and passed, when, on motion
of Mr. Hoke, the rules were suspended, and the same was
read a third time and passed.
The bill entitled, " A bill to amend an ordinance of the
Convention entitled, ' an ordinance to incorporate the Pied¬
mont Railroad Company,'" was read a second time.
Mr. Arendell moved to lay on the table, and thereon asked
the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Arendell, Ay cock, Bagley, Blount, Carroway, Dick¬
son, Faison, Harris ot Franklin, Harris of Rutherford, Hoke,
Jarratt, Jones, Lassiter, Leiteh, Lindsay, Matthews, Patrick,
Pitchford, Sanders, Taylor of Nash, Warren and Whit-
ford—22.
Those who voted in the negative are :
Messrs. Adams of Davidson, Adams of Guilford, Brown,
Graham, Holeman, Outlaw, Patton, Powell, Ramsay, Simp¬
son, Smith of Anson, Wiggins, Wooley, Wright and
Young—15.
So the bill was laid on the table.
The following bills and resolution transmitted from the
House of Commons, were read first time, entitled, to wit:
" Resolution in favor of William Patterson late sheriff of
Alamance county."
64:
SENATE J0URNAL.
[Session
" A bill relating to the Supreme Court.'?
" A bill to amend the 9th section, chapter 23d of the Re¬
vised Qode."
" A bill to tax Express Companies."
" A bill to exempt certain officers and employees of the
.State from Conscription."
" A bill to amend the 85th section, chapter 34 of the Re¬
vised Codeand
" A bill concerning the 'office of sheriff and clerk of the
County Court in Cherokee county."
The Senate adjourned until to-morrow-morning 9j o*elock,
on motion of Mr. Outlaw.
SATURDAY, December 12, 1863,
A message was sent to the House of Commons, that the
Senate recommends to be commissioned as J ustices of the
Peace for Lenoir county, Anthony Davis, B. F. Parrott and
R. B. Vanse, and for Greene county, Wm. Best and John
Patrick, nominated by Mr. Patrick; also, for Halifax county,
Dr., Charles Gee, Dr. Charles Gregory and John Palmer,
nominated by Mr. Wiggins.
Mr. Arendell from the Committee on Corporations, report¬
ed upon the bill entitled, " A bill to incorporate the Lockville
Mining and Manufacturing Company," and recommended
that it do pass.
Mr. Leitch from the Committee on Education and Literary
Fund, reported upon the bill entitled, " A bill to provide for
the establishment of graded schools in North-Carolina and
losr other purposes," and recommended that it do pass.
Mr. Warren from the Committee on the Judiciary, report¬
ed upon the bill entitled, " A bill amendatory of an ordinance
of the Convention entitled ' an ordinance to secure to- certain
officers and soldiers the right to vote,'" mid recommended
that it)do not pass; also, upon resolution of instruction to in¬
quire into the expediency of transferring jurisdiction of Courts
1SC3.]
SENATE JOURNAL,
65
of Equity for Counties within the lines of the enemy to the
Supreme Court, and asked to be discharged from its further
consideration, and the committee was so discharged.
Mr* Warren also introduced a bill to provide for the pay
of Judges holding Courts of Oyer and Terminer, which was
read first time, when, upon his motion, the rules were sus¬
pended and the same was rea^ a second time and amended,
■on motion of Mr. Outlaw, by filling the blank with one hun¬
dred and fifty dollars.
The bill as amended passed, and was read a third time and
passed, and sent to the House of Commons.
Rills and resolutions entitled as follows, were disposed of
in manner as follows:
A bill explanatory of an act to admit proof of the hand¬
writing of attesting witnesses in certain cases," read second
and third times and passed, and sent to the House of Com¬
mons.
" A bill to punish the breaking of a dwelling house and
stealing therefrom in the day time," read third time and
passed, and reconsidered on motion of Mr. Graham, when the
same was amended by inserting after the words "dwelling•
bouse," the words " no person being therein," and as amend¬
ed passed and sent to House of Commons.
" A bill to limit the production of cotton and tobacco for
the year 1864," read second time, when Mr. Lassiter moved
to lay on the table, and thereon Mr. Bagley asked the yeas
and nays, and one-fifth agreeing,
Those who voted in the affirmative are :
Messrs. Adams of Davidson, Iloleman, Jarratt, Lassiter,
Leitch, Patton, Patrick, Ramsay, Sanders, Simpson, Smith
of Anson and Whitford—12.
Those who voted in the negative are:
Messrs. Adams of Guilford, Arendell, Aycock, Bagley,
Brown, Carroway, Dickson, Ellis, Harris of Rutherford, Jones,
Outlaw, Pitchford, Sbarpe, Warren, Wiggins, Wright.and
1 oung—IT.
So the motion did not prevail
66
SENATE JOURNAL.
[Session
Mr. Sanders moved to postpone indefinitely, and asked the
yeas and nays thereon, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Adams of Davidson, Brown, Carroway, Dickson,
Faison, Graham, Harris of Franklin, Harris of Rutherford,
Holeman, Jarratt, Lassitjr, Leitch, Patton, Patrick, Ramsay,
Sanders, Simpson, Smith of Anson, Smith of Stanly, Warren,
Whitford and Wright-—22.
Those who voted in the negative are:
Messrs. Adams of Guilford, Arendell, Aycock, Bagley,
Jones, Outlaw, Pitchford, Sharpe, Wiggins and Young—9.
So the bill was indefinitely postponed.
u Resolution in favor of the Trustees of Bladen county,"
reported upon by Mr. Ramsay from the Committee on Claims,
and the committee were discharged from its further consider¬
ation.
" Resolution in relation to State troops," read second time,
and with the amendment proposed by the Committee on Mili¬
tary! Affairs, to wit:
" That the Governor of the State be requested to transfer to
the Confederate authorities for local defence, for the same
services and upon the terms for which they enlisted, the troops
now in the service and pay of the State."
Laid on the table, on motion of Mr. Patrick.
" Resolution in relation to State troops," read second time
and laid on the table, on motion of Mr. Outlaw.
" A bill to tax Express Companies," read second time and
laid on the table, on motion of Mr. Graham.
" A bill to incorporate the Hilgatar Iron Company," read
second time and passed.
"A bill to incorporate the Lockville Mining and Manufac¬
turing Company," read second time and passed, and rules
being suspended on motion of Mr. Sharpe, read a third time
And passed.
44 A bill to compel the Railroads of North-Carolina to keep
lights, fire and water in their coaches," transmitted from the
Mourn read first time.
186&] SENATE JOURNAL.
W
" A bill concerning impressments," read three several
times and passed, the rules having been suspended, on motion
of Mr. Sanders.
A bill directing how tax due on Bank Stock should be
paid," and
" A bill to incorporate the Comstock Mining and Smelting
Company." Bead first time.
"A bill in relation to the Governor's message," was read
three several times and passed under suspension of the rules.
" A bill to incorporate the Cahota Mining and Smelting
Company," read first time. v
" Resolution in favor of Council Woo ten," read three sev¬
eral times and passed, the rules having been suspended on
motion of Mr. Patrick.
" A bill to regulate office hours in certain public offices,"
transmitted from the House with amendment, to wit: In¬
sert in Section 1 " 20th day of May," and strike onl " Audi¬
tor of Public Accounts "
The amendments were agreed to, and the bill is ordered
to be enrolled.
"A bill to amend the 9th section of chapter 101 of Revised
Code." Read second time and passed, when, the rules were
suspended on motion of Mr. Patton, and the same was read
a third time and passed.
"A bill to enforce the criminal laws of the State." Read
second time and passed.
" A bill to amend an act entitled 4 Revenue.'" Read sec¬
ond time, and the amendment proposed by the Committee
on Internal Improvements was not agreed to, to wit: Add
these words—" and also five per cent upon their gross re¬
ceipts, returns to be made under oath quarterly to the sheriff
or tax collector of each county* by each agent in the State,
and the tax to be paid at the time the returns are made.
And any agent refusing or neglecting to make return shall
be deemed guilty of a high misdemeanor, and upon convic¬
tion, shall be fined not less than one thousand dollars for
each offence."
S3
SENATE JOURNAL..
[Session
Mr. Young proposed to amend as follows, to wit r Strike
out "five hundred dollars in every county in which they re¬
ceive or deliver packages," and insert as follows : " Five per
cent, upon their gross receipts, returns to be, made under
oath quarterly to the sheriff or tax collector of each county,
by each agent in the State, and the tax to be paid at the time
the returns are made. And any agent refusing or neglecting
to do so shall be guilty of a high misdemeanor, and shall be
fined not less than one thousand dollars for each offence."
Mr. Graham moved to amend the amendment by striking
out " five per cent." and inserting " two per cent.," which
was. not agreed to. The amendment was agreed to, and the
hill as amended passed, when the rules were suspended on
motion of Mr. Young, and the same was read a third time.
Mr. Outlaw moved to amend by adding to section 1 the
words "or imprisoned, at the discretion of the Court," which
was agreed to, and the bill passed.
" A bill to allow a fee to the assistant Clerk in the Treasury
for registering State bonds," read three several times and
passed.
"A hill to incorporate the Town of Hickory Tavern in the
County of Catawba," read three several times and passed, the
rules having been suspended, on motion of Mr. Sanders.
"A bill to repeal 11th section 23d chapter of Revised Code,"
read three several times and passed, the rules having been
suspended, on motion of Mr. Wiggins.
"A bill to transfer jurisdiction of crimes committed in
counties held or controlled by the enemy," read second time
and the amendment of the committee adopted, to wit: Strike
out the proviso, and insert, " Provided, however, that the
accused may move the case to any county in the State where
Courts are held." The bill as amended passed, and the rules
were suspended, on motion of Mr. Warren, when, it was read
a third time and passed.
"Resolution in relation to Win. D. Wynne," read and
adopted.
u Resolutions concerning the interference of the Military
1303.]
SENATE JOURNAL.
69
with the right ofsuffrage in Bertie County." Read first time.
" A bill to incorporate the Pender Monumental Associa¬
tion." Read three several times and passed, the rules having
been suspended on motion of Mr. Powell.
" A bill to incorporate the Fayettevillo Kerosene Compa¬
ny." Read three several times and passed.
"A bill concerning Justices of the Peace in certain coun¬
ties in possession of the enemy." Read first time.
A message was received from the House of Commons, that
they agree to the report of the Committee of Conference
upon the bill in relation to Salaries and Pees. The report is
as follows : " The Committee recommend that the House
recede from its amendments to the first section, and then
fcho amendments adopted by the House stand as part of the
bill." The Senate agreed thereto, and the bill is ordered to
be enrolled.
A message was received from the House, that they agree
to the report of the Committee of Conference upon the bill
for the relief of the wives or families of soldiers of the army."
The report is as follows, to wit:
The Committee, &c., recommend that the House of Com¬
mons recede from its disagreement, and concur in the amend¬
ment of the Senate, with the following additional sections, to
be inserted next before the last section, to wit:
Section 3. Be it further enacted, That when any family of a
soldier as aforesaid, shall have removed from the county of his
residence, since the commencement of the war, and shall have
acquired a residence in another county, they shall be consid¬
ered residents of the latter county and receive a share of such
distribution accordingly.
Sec. 4. Be it further enacted, That in addition to the fore¬
going appropriation, the sum of three thousand dollars is here¬
by appropriated to be paid by the Public Treasurer as afore¬
said, to the county commissioners in those counties in which
are resident the families of Indian warriors who have render¬
ed service to the Confederate States, in the present war, for
distribution among them, according to the provisions, herein¬
before made, in the case of white persons.
70
SENATE JOURNAL.
{Session
It is also recommended that the title of the bill be:" A bill
for the relief of the wives and families of soldiers of the
army."
The report was agreed to, and the bill is ordered to be
enrolled.
A message was received from the House of Commons, that
they transmit a message of His Excellency, the Governor,
with a communication from W. H. Whiting, Major General,
Commanding Department of Coast, inviting a, committee of
the two Houses of the Legislature to visit and inspect the
defences of the eoast, &c., and they propose to raise a joint
select committee of three on the part of the House and two
on the part of the Senate to this end. The message was not
agreed to.
Another message was received from the House, that they
have passed the bill entitled " A bill to amend the act en¬
titled 'Revenue,'" ratified 11th February, 1863, with ac¬
companying amendments, to which they ask the concurrence
of the Senate.
The Senate refused to agree to the amendments, to wit:
Strike out in section 2, line 2, the words " every dollar of
nett profit or dividend on the purchase and sale," and insert
" the gross sales," and in line 8 strike out " five cents " and
insert "three per cent," and strike out to the word "manu¬
facturing" in section 1, all in 7th, 8tb, 9th and 10th lines,
and insert " on the gross sales received or due during the
year preceding the first day of April in each year in the
business of."
A message was subsequently received from the House,
that they recede from their amendments, and the bill is or¬
dered to be enrolled.
Also, a message was received from the House, that they
refuse to concur in all the recommendations made by the
Senate for Justices of the Peace to-day.
On motion of Mr. Sanders, the Senate took a recess until
3 o'clock, P. M.
1803.] SENATE JOTJBNA&. U
Sa.tueday Afternoon—3| O'clock, Deo. 12, 1863.
A message was sent to the Houae of Commons, that the
Senate recommends to be commissioned a Jusiice of the
Peace for Yadkin County, John Idol, nominated by Mr.
Jarratt.
The bill entitled "A bill to incorporate the Hilgatar Iron
Company" was read a third time and passed, and was sent
to the House of Commons.
The vote by which was adopted the resolution entitled
** Resolution in relation to ¥m. D. "Wynne" was recon¬
sidered, on motion of Mr. Outlaw, and the following substitute
offered by him was adopted, to wit:
Resolved, That the Governor of the State be requested to
correspond with the President of the Confederate States, and
ascertain if W. D. Wynne, a citizen of Bertie County, be
confined in prison in Richmond, Ya., and if so, upon what
charge, and if for any offence cognizable by the Courts of
this State, to demand that he be delivered up to be tried ac¬
cording to due course of law."
The bill entitled, " A bill to exempt certain officers and
employees of the State from conscription," was read a second
time.
Mr. Outlaw moved to amend by striking out " commission¬
ed officers of the militia and Justices of the Peace, &c."
Mr. Young moved to lay on the table, and thereon, Mr.
Sanders asked the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Aycock, Carroway, Dickson, Ellis, Harris of Frank¬
lin, Outlaw, Pitchford, Powell, Smith of Ansen, Whitford,
Wiggins and Young—12.
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Bagley,
Blount, Brown, Harris of Rutherford, Jarratt, Jones, Lassiter,
Leitch, Sanders, Sharpe and Wright—13.
So the motion was not agreed to.
Mr. Young moved to amend the amendment by adding
" and constables, deputy sheriffs, county solicitors and mayors
72
SENATE JOURNAL.
[Session
of the towns of Raleigh, Charlotte, Wilmington and Salis¬
bury,'5 which was not agreed to.
The question being on the amendment proposed by Mr.
Outlaw, he asked thereon the yeas and nays, and one-fifth
agreeing,
Those who voted in the affirmative are:
Messrs,, Ay cock, Carroway, Ellis, Outlaw, Pitchlbrd, Pow¬
ell, Smith of Anson, Smith of Stanly, Wigginsand Young—10.
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford. Bagley,
Blount, Brown, Dickson, Eaison, Harris ot Eranklin, Harris
ofRutherford, Jarratt, Jones, Lassiter, Leilch, Patrick, San¬
ders, Sharpe, Whitford and Wright—18.
So the amendment was not agreed to.
The bill passed.
Mr. Brown moved to suspend the rules. Not agreed to.
The bill entitled, " A bill to transfer jurisdiction of crimes
committed in counties held or controlled by the enemy," was
sent to the House of Commons.
Mr. Wiggins introduced resolutions appointing a commis¬
sion to investigate the purchases of clothing for troops, made'
by the State, and for other purposes.
Mr. Pitchford proposed to amend by striking out all after
"Resolved," and inserting " That a committee of two on the
part of each House be appointed whose duty it shall be to
inquire into the condition of the Quartermaster, Commissary,
Adjutant General's and Medical Departments, and also into
the commercial transactions of the State. Said committee
shall have power to send for persons and papers, shall meet
and adjourn at the times of their own appointing, and do all
other things which may be necessary for the successful prose¬
cution of their inquiries, and they shall make a report with a
full statement of the affairs of the various Departments and
submit the same to this Legislature when it shall assemble on
the third Tuesday of May next.
Be it further resolved. That said committee shall be paid
the sameyrar diem and mileage as members of the present
1863;]
SENATE JOUKNAL.
73
General Assembly, for all the time necessarily consumed in
fulfilling the requirement of this resolution.
Mr. Lassiter moved to amend by including " Subsistence
Department," which was agreed to.
Mr. Young moved to take a recess until o'clock, P. M.
Not agreed to. ■%
Mr. Pitchford's amendment was adopted, but the resolu¬
tions as amended were rejected.
On motion of Mr. Outlaw, a message was sent to the House
of Commons, that the Senate proposes that the two Houses
adjourn on Monday next, at 9 o'clock, A. M.
The bill entitled, " A bill to exempt certain officers and
employees of the State from conscription," was taken up on
motion of Mr. Brown, and amended on motion ot Mr. Gra¬
ham, by inserting the word " coroners " after " deputy sher¬
iff," and as amended passed, and sent to- the House for agree¬
ment.
A message was received from the House, that they concur
in the amendments made by the Senate to the bill entitled
"A bill to' amend an act in relation to the Militia and a
Guard for Home Defence," and said hill is ordered to be
enrolled.
Engrossed bills entitled "'A bill concerning Common
Schools," " A bill authorizing the Governor to accept the ser¬
vices of Cherokee Indians,, to repel invasions or insurrection,"
and " A l>ill to authorize the County Court of New Hanover
to fix the rate of ferriage at Big Bridge Eerry," were read
first time.
On motion of Mr. Ellis, the Senate took a. recess until 7£
o'clock, P. M.
Saturday Evening, 7f O'Clock, 3*. M.—Dec. 12, 1863.
A message was received from the House of Commons, that
they agree to the proposition of the Senate to adjourn on
Monday next, at 9 o'clock, A. M., and they also agree to the
71 SENATE 'JOURNAL. [Session
amendments of the Senate to the bill to restore the Courts,
and for other pnrposes, and transmit bill to provide for hold¬
ing the elections and comparing the polls in Counties within
the enemy's lines. Said bill was read first time.
Bills and resolutions entitled as follows, were taken up and
disposed of in manner, to wit:
" A bill to incorporate the Cahorta Mining and Smelting
Company." Bead second and third times and passed, the
rules having been suspended on motion of Mr. Patfon.
" A bill concerning the Governor's salary." Read first
and second times and rejected, but subsequently reconsid¬
ered, on motion of Mr. Harris of Rutherford.
Mr. Bagley moved to amend by including the Public
Treasurer, Secretary of State and Comptroller, to the amount
of one-fifth of their salaries. Not agreed to.
Mr. Young moved to amend by adding these words: "for
the purpose of paying for domestic supplies which the cir¬
cumstances of the country rendered necessary."
The amendment was not agreed to, and the question being
on the passage of the bill, Mr. Carraway asked for the yeas
and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Aycock, Brown, Ellis, Graham, Harris of Rutherford, Jarratt,
.tones, Lassiter, Leitch, Outlaw, Patton, Powell, Ramsay,
Warren, Whitford Wiggins, Wright and Young—21.
** Those who voted in the negative are :
Messrs. Bagley, Blount, Carroway, Dickson, Patrick, Pitch-
ford and Sanders—7.
So the bill passed; and it was read a third time and
passed.
The bill entitled, " A bill authorizing the Treasurer to issue
small Treasury notes to the amount of four hundred thousand
dollars," was read a second time, when, Mr. Outlaw moved
to lay on the tafyle, and asked the yeas and nays thereon, and
one-fifth agreeing,
Those who voted in the affirmative are :
1863.]
SENATE JOURNAL.
75
Messrs. Aycoek, Carroway, Lassiter, Leitcii, Outlaw, Pow¬
ell and Whitford—7.
Those who voted in the negative are :
Messrs. Adams of Davidson, Adams of Guilford, Are'ndell,
Bagley, Blount, Brown, Dickson, Ellis, Faison, Graham, Har¬
ris of Franklin, Harris of Rutherford, Jarratt, Jones, Patton,
Patrick, Pitchford, Ramsay, Sanders, Smith of Anson, War¬
ren, Wiggins, Wright and Young—24.
So the motion did not prevail.
The bill passed and was read a third time and passed.
" Resolution in favor of Wm. Patterson, late sheriff of Ala¬
mance county." '
" A bill further to define the duties of the Treasurer of the
Literary Fund and for other purposes."
" A bill to change the times of holding the Courts of Pleas
and Quarter Sessions in the county of Wilkes."
" A resolution in relation to the warrants and drafts drawn
by the Comptroller and Public Treasurer."
" Resolution in favor of Charles Kelly."
"A bill to incorporate the Palmyra Lodge of A. Y. Ma¬
sons, No. 147."
"A bill concerning the office of sheriff and clerks of the
County Court in Cherokee county."
" A bill authorizing the Governor to accept the services of
Cherokee Indians to repel invasions or insurrections."
u A bill to incorporate the Comstock Mining and Smelting
Company;" and
" A bill to amend an act ratified on 11th day of February,
1863, entitled, 'Revenue,'" were read a second and third
times and passed.
Mr. Arendell nominated C. R. Thomas to be commissioned
as Justice of the Peace for Carteret County, and a message
was sent to the House.
" A bill to provide for the establishment of graded schools
in North-Carolina and for other purposes," was read a second
time, and laid on the table, on motion of Mr. Wiggins.
" A bill relating to the Supreme Court," " Resolutions in
76
SENATE JOURNAL.
[session
favor of the Trustee of Biaden County".A bill to -amend
section 9, chapter 23, Revised Code," and "A'bilbto amend
section 85, chapter 34, Revised Code," were read a second
time and rejected.
"Resolution in favor of Elizabeth A. Gordon, of Gates
County." Read a second time, and amended on motion of
Mr. Wiggins, by striking out "five hundred thousand" and
inserting "five thousand," and on motion of Mi. Wright,
by adding the words " to be .issued in manuscript," as amend¬
ed, passed, and read a third time and passed.
"A bill in relation to Quartermasters, &c. of the Home
Guard." Read first and second times and laid on the table,
on motion of Mr. Whitlord.
"A bill concerning Common Schools." Read second time
and passed.
"A bill amendatory of an ordinance of the Convention,
entitled ' An ordinance to secure to certain officers and sol¬
diers the right to vote.'" Read third time and laid on the
table, on motion of Mr. Graham.
" A bill directing how tax due on bank stock shall'be paid,"
and "A bill to compel the Rail Roads of North-Carolina to
keep lights, fire and water in their coaches," were read a
second time, and on motion of Mr. Graham, laid on the;table.
" Resolution concerning the interference of the military
with the right of suffrage in Bertie County." Read a sec¬
ond time and laid on the table, on motion of Mr. Outlaw.
" A bill to enforce the criminal laws of the -date." Read
third time and passed.
" A bill making an appropriation for the purpose of pur¬
chasing cotton."
" A bill mtiking appropriations for the military'establish¬
ments of the State."
"A bill to amend chapter 36 of Revised Code;" and
" A bill to provide against a possible deficiency in the Trea¬
sury," were read three several times, under a suspension of
the rules,.and passed.
" A bill to authorize the County Court of New Hanover to
1863.]
SENATE JO0RNAE.
77
fix the rates;ferriage at Big Black F&riJ'-™'ftck-fcead'a sec¬
ond time, and on motion of Mr. Ramsay, laid on the table.
" A bill! concerning the Home Guard," wak read first and
second times and laid on the table, on motion of Mr. Graham.
A message was received from the House, that they agree
to the amendments made by the Senate to the " bill to ex¬
empt certain officers and employees of the State from con¬
scription to the bill to amend the act entitled, " Revenue
to the " resolution in relation to W. D. Wynne," and to the
"bill to amend an act in relation tb the Militia, and a Guard
for Home Defence."
Mr,' Arendell was announced^ by the Speaker a member of
the Committee on Enrollment in place of Mr. Adams of Guil¬
ford, excused.
Bills and resolutions duly e'rolled and signed by the
Speaker of the House of Commons were signed by the
Speakeriibf^tiae Senate, entitled to wit:
" Resolution in favor of Wm. Patterson, late Sheriff of
Alamance County." <
"A bill in relation to larceny and robbery."
" A bill to increase the. pay of witnesses and jarm's."
"A bill concerning impressments."
" A" bilk in relation to the Governor's Messenger."
"A resolution in favor of Council Wooten."
" A-bili to incorporate the town of Hickory Tavern, in the
County of Catawba."
"A bill to incorporate the Fayetteville Kerosene Com¬
pany."
"Resolutions requiring certain sheriffs to refund money
into the Public Treasury."
" A bill to increase the fees of the special magistrate of
the town of Wilmington."
"A bill to incorporate the Lockville Mining and Manufac¬
turing Company."
■ " A bill to incorporate the Salem and High Point Plank
Road Company."
" A bill to ineorfiorate the Ponder Monument Association."
78
SENATE JOURNAL.
[Session
"A bill to amend the act entitled 4Revenue,' ratified 11th
day of February, 1863."
"A bill to incorporate the Nortli-Garolina Volunteer Navy
Company."
44 A bill in regard to the Mutual Insurance Company in
Fayetteville."
44 A bill concerning slave labor on Public Works."
14 A bill to regulate the fees of the Clerks and Sheriff in
the County of Guilford."
44 A bill concerning Cherokee Lands."
44 A bill in relation to depositions."
" A bill to amend an act approved 20th September, 1861,
entitled 'Militia.'"
" A bill to authorize Courts of Oyer and Terminer."
44 A bill to allow a fee to the Assistant Clerk in the Treas¬
ury for registration of State bonds."
44 A bill explanatory of act to admit proof of the hand-writ¬
ing of attesting witnesses in certain cases."
" A bill to incorporate the Miners' Mining and Smelting
Company."
u A bill to provide for the pay of Judges holding Courts of
Oyer and Terminer."
" A bill to incorporate the Trustees of the North-Carolina
Orphan Endowment Fund."
" A bill to repeal the 11th section of chapter 23 of Revised
Code."
" A bill in relation to the crime of arson."
"A bill to incorporate the North-Carolina Express Com¬
pany."
" A bill to amend the 9th section of chapter 101 of Revised
Code."
" A bill to regulate office hours in certain offices."
44 Resolution in favor of Levi Dawson."
44 A resolution in favor of Henry H. Sandlin of Onslow
county."
44 Resolution in favor of Drury King."
44 A resolution in favor of the Speakers, Clerks and Door¬
keepers."
1563.]
SENATE JOURNAL.
79
" Resolution in relation to impressmentsand
"Resolutions instructing the Auditor of Public Accounts
to inquire whether a better system of keeping tlib accounts
of disbursing officers and better checks on their accountabili¬
ty may not be introduced, and whether a better mode of can¬
celling the vouchers of the Public Treasurer may not bo
adopted."
The Senate adjourned until Monday morning 8 o'clock, on
motion of Mr. Outlaw.
MONDAY, December 14, 1863.
A message was received from the House of Commons, that
they agree to the message from the Senate, that C. R. Thomas,
of Carteret, and John Idol, of Yadkin, be recommended as
Justices of the Peace for their respective Counties.
The following bills and resolutions transmitted from the
House pf Commons as having been duly enrolled and signed
by the Speaker thereof, were signed by the Speaker of the
Senate, entitled to wit:
"A bill to'change the times of holding the Courts of Pleas
and Quarter Sessions in the County of Wilkes."
"A bill authorizing the Treasurer to issue small Treasury
notes to the ambunt of four hundred thousand dollars."
"A bill to provide against a possible deficiency in the
Treasnry."
" A bill for the relief of the wives and families of soldiers
of the army."
" A bill to amend an act entitled 4 Revenue.' "
44 A bill to amend an act ratified on the 11th day of Feb¬
ruary, 1863, entitled 4 Revenue.' "
" A bill to amend chapter 36 of Revised Code, entitled,
* Currency.'"
" A bill to enforce the criminal laws of the State."
44 A bill making an appropriation to purchase cotton* to be
applied to purchases in Europe."
44 A bill making appropriations for the Military Establish¬
ment of the State."
80
SENATE JOURNAL.
[Session
44 A bill authorizing the Governor to accept the services of
Cherokee Indians to repel invasion or insurrection."
" Resolution in favor of W. D. Wynne."
" Resolution in favor of Charles Kelly."
" A bill concerning the office of sheriff and clerk of the
County Court in Cherokee county."
" A bill to restore the Courts and for other purposes."
" A bill in relation to Salaries and Fees."
44 A resolution in relation to -warrants and drafts drawn by
the; Comptroller and Public Treasurer."
" A bill to incorporate the Coinstock Alining and Smelting
Company."
14 A bill to incorporate Palmyra Locge of A. Y. Masons,
No. 117, located in Averasboro', Harnett county."
"A bill concerning the Governor's salary."
44 A bill, further to define the duties of the Treasurer of
Literary Fund and for other purposes."
" A bill to exempt certain officers and employees of the
State from conscription."
44 A bill to amend an an act in relation to the Militia and
a Guard for Home Defence."
44 A bill to authorize four Justices of the Peace of Carteret
and Craven Counties to appoint a Commissioner and for
other purposesand
44 Resolution in favor of Elizabeth A. Gordon, of Gates
County."
Mr. Outlaw offered the following resolution, Mr. Arendell
boing in the chair, to wit:
44 Unsolved, unanimously, That the thanks of the Senate
are due, and are hereby tendered to the Hon. Giles Mebane,
for the able, dignified and impartial manner in which he has
presided over its deliberations during the present session."
The resolution was adopted.
The Speaker i eturned his thanks to the Senate, and de¬
clared the same adjourned until the 3d Tuesday in May next.
GILES MEBANE,
Speaker Senate.
C. R. Thomas, Cleric Senate.
INDEX.
ADJOURNED SESSION, 1863,
pAGfe
ELECTIONS.
Election of Judge of Superior Courts for 8th Judicial Circuit, 48
YEAS AND NAYS.
Vote on amendments to bill in relation to salaries and fees, 17, 22, 23, 24
•' " striking out preamble of resolution in reference to the arrest
of Eli Swanner, ..... » 18
•' " motion to amend the preamble, 18
l<- " bill incorporating the North-Carolina Volunteer Navy Com¬
pany, ................ ...... 26
" " motion to lay on table a bill authorizing the investment of
trust funds in Confederate bonds, 27
" " resolution directing Public Treasurer to issue duplicates of
certain bonds, 80
" " motion to reconsider the vote on the passage of the bill to
restore the Courts, and for other purposes,. 37
" " bill authorizing the enlargement of the powers of certain
banks, &c., .. ... 39, 55
" " bill to prevent persons not citizens of this State or Confed¬
erate States from peddling, &c., in this State, 44
" " amendments to bill for relief of the wives and families of
soldiers, 46, 47
" u motion to lay on the table bill to regulate prices of all arti-
ticles sold, manufactured or produced in this State, 49
44 44 amendment to a bill to amend "An act in relation to the Mi¬
litia, and a Guard for Home Defence," . 53
" " setting apart day for re-assembling Legislature, 62
44 " motion to lay on the table a bill to amend charter of the
Piedmont Railroad Company, 6-3
4 4 4 4 motion to lay on table bill regulating production of Cotton
and Tobacco for 1864, 65
INDEX.
iUlrt.
Vote on motion to postpone said bill indefinitely •... »>r
44 44 amendments to bill exempting certain officers, &c., ol the
State from Conscription,,. 71, 72
" u bill increasing the Governor's salary, 74
44 44 motion to lay on table bill to authorize Treasurer to issue
small Treasury Notes to amount of $40(1,000, . ..., yr.
JOURNAL.
OF THE
HOUSE OP COMMONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OE NORTH-CAROLINA,
AT ITS
ADJOURNED SESSION, 1S63.
RALEIGH:
W. W. HOLDEN, PRINTER TO THE STATE.
1864.
HOUSE JOURNAL
ADJOURNED SESSION,
1868,
At 12 o^clock, on Monday the 23d day of November, A.
B. 1863, the day set apart by a joint order of the General
Assembly for the reassembling of that body, the House of
Commons was called to order by the Clerk.
The Clerk announced the illness of Hon. R. S. Donnell,
and that it was his request that the House should appoint
some one to act as Speaker until his recovery.
Mr. Grissom nominated Wm. E. Mann.
Mr. Sherwood nominated Mr. Russell, of Brunswick.
Mr. Foust nominated Mr. Bobbins.
Mr. Bynuna nominated Mr. Love.
The following members voted! for Mr. Mann:
Messrs. Allison, Burns, Carpenter, Duke, Flynt, Grissom,
Harris of Cabarrus, Howard, Horton, Judkins, Keener,
Laws, Love', Mann of Hyde, lessen, Parks, Peebles, Rogers*
Woodall and Young of Iredell—20.
For Mr. Russell:
Messrs. Alford, Avera, Berry, Jenkins, Richardson, Rob-
bins and Sherwood—7.
For Mr. Love:
Messrs. Beam, Benbury, Burgin, Bynum, Harrison, Hen¬
ry of Henderson, Hodges, Mann of Pasquotank, Person,
Powell and Wallen—11.
For. Mr. Robbins:
Messrs. Barringer, Cowles, Foust, Greene, McCoraick,
McKay and Patterson—7.
HOUSE JOURNAL.
[Session
It appearing that a quorum did not vote, on motion of Mr.
McKay the following members answered to tlieir names:
Messrs. Allison, Alford, Avera, Barringer, BeamrBenbury,
Berry," Burgin, Burns, Bynum, Carpenter, Carson, Cowles,
Duke, Flynt, Foust, Gilliam, Greene, Grissom, Harris of
Cabarrus, Harrison, Henry of Henderson, Headen, Hodges,
Howard, Horfon, Jenkins, Judkins, Laws, Love, Mann of
Hyde, Mann of Pasquotank, McCormick, McKay, Nissen,
Parks, Patterson, Peebles, Person, Powell, Richardson, Rob-
bins, Rogers, Russell of Brunswick, Sherwood, Wallen,
Woodall and Young of Iredell—48.
There being no quorum present, on motion of Mr. McCor-
miek the House adjourned to 10 o'clock to-morrow.
HOUSE OF COMMONS, November 24,1863.
The roll of the House was called and the following mem¬
ber answered to theif names :
Messrs. Allison, Alford, Barnhardt, Barringer,- Beam,
Berry, Best, Bond, Brown, Burns, Bynum, Carpenter, Carson,
Cobb, Costner, Cowles, Craig, Crawford, Dunn, Fleming.
Foust, Fov, George, Gilliam, Greene, Grier, Grissom, Gas-
kins, Harris of Cab amis, Harrison, Henderson, Henry of
Henderson, Headen, Hodges, Howard, Jenkins, Joyner,
Judkins, Kirby, Laws, Love, Mann of Hyde, McCormick,
McKay, Nissen, Parks, Patterson, Peebles, Person, Powell,
Richardson, Rives, Robbins, Rogers, Russell of Brunswick,
Sherwood, Smith of Guilford, Stanford, Stancell, Wallen,
Watson, Wellborn, Williams, Woodall, Young of Iredell and
Young of Yancey.
The House proceeded to vote for Speaker pro. tern.
Mr. McCormick nominated Mr. Robbins.
Mr. Grissom nominated Mr. Mann, of Pasquotank.
Mr. Crawford nominated Mr. Love.
The following members voted for Mr. Robbins:
Messrs. Allison, Alford, Barnhardt, Barringer, Berry,
HOUSE JOURNAL.
Best, Barns, Carson, Cowlps, Craig, Dunn, Fleming, Flynt,
Foust, Harrison, Hollingsworth, Horton, Kerner, McCormick,
McKay, Nissen, Parks, Patterson, Richardson, Rogers, Rus-
■sell of Brunswick, Sherwood, Shober, Smith of Guilford,
Wallen, "Watson, Wellborn and Young of I.—38.
For. Mr. Love:
Messrs. Beam, Brown, Bynum, Costner, Crawford, Foy,
George, Gilliam, Grier, Henderson, Henry of H., Headen,
Hodges, Kirby, Manning, Person, Powell, Reynolds, Rives,
Stanford and Stancill—-21.
For Mr. Mann:
Messrs. Benbury, Bond, Carpenter, Duke, Greene, Gris-
som, Howard, Jenkins, Joyner, Judkins, Laws, Mann of H.,
Peebles, Bobbins, Williams and Young ot Y.—16.
No one having received a majority of the votes cast, the
House again proceeded to vote.
Mr. Grissom withdrew the name of Mr. Mann.
• The following members voted for Mr. Bobbins:
Messrs. Allison, Alford, Barnhardt, Barringer, Beam, Berry,
Best, Burns, Carpenter, Carson, Costner, Cowles, Craig, Duke,
Dunn, Flynt, Foust, Greene, Grissom, Harrison, Hollings¬
worth, Howard, Horton, Jenkins, Joyner, Judkins, Kerner,
Laws, Love, Mann of H., Mann of P., McCormick, McKay,
Nissen, Parks, Patterson, Peebles, Richardson, Rogers,
Russell of B., Sherwood, Shober, Smith of G., Wallen, Wat-
eon, Wellborn, Woodall, Young of I., and Young of Y.—49.
For. Mr. Love:
Messrs.'Benbury, Brown, Bynum, Cobb, Crawford, Flem¬
ing, Joy, George, Gilliam, Grier, Harris of C., Henderson,
Henry of H., Hodges, Kirby, Person, Powell, Reynolds,
Rives, Robbins, Stanford, Stancill and Williams—24.
Mr. Robbins having received a majority of the votes cast,
was declared duly elected, and was conducted to the chair
by Messrs. Mann of P., and Love.
Mr. Ritter, member, from Moore, was qualified in accor¬
dance with law and took his seat
On motion of Mr. Sherwood,
6
HOUSE JOURNAL.
[Session
Ordered, That a message be sent to the Senate stating the
organization of the House and its readiness to proceed to
business.
On motion of Mr. Harris of Cab.,
Ordered, That a message be sent to the Senate proposing
to raise a Joint Committee of two on the part of the House,,
and one on the part of the Senate to wait upon His Excellen¬
cy the Governor.
Mr. Kirby presented the following resolution :
< Resolved, That the Speaker of the House be requested to
appoint a Committee of ten, consisting of one from each Con¬
gressional district to take into consideration the great scarci¬
ty of provisions with the exorbitant prices, and that said
Committee report by bill, or otherwise as soon as practicable
what remedy if any can be applied. "Which was agreed to.
Received from the Senate, a message stating its agree¬
ment to the proposition to appoint a Committee to wait on
His Excellency.
Ordered, That Messrs. Harris of Cab., and Nissen be our
part of said Committee.
' Received from the Senate a message proposing to rescind
the joint rule as to taking up the business of a previous ses¬
sion, so that none but new business be taken up at the ses¬
sion. Which was agreed to.
Mr. McKay introduced a bill, No. 1, concerning the Mili¬
tia and Home Guard. Read first time and passed.
Mr. Sherwood, a bill, No. 2, to amend the act creating
the Home Guard. Read first time and passed.
• On motion of Mr. Sherwood, it was agreed that these bills
concerning the Militia be reported to a Select Committee of
seven to be appointed by the Speaker.
Mr. Harris of Cab., from Committee to wait on His Excel¬
lency, reported that he would forthwith transmit a message
to the House of Commons.
Received from His Excellency the Governor, by his Pri¬
vate Secretary, Mr. R. H. Battle, a message which was read
as follows
1863.]
HOUSE JOURNAL.
T
GOVERNOR'S MESSAGE.
To the Honorable,
The General Assembly of North-Carolina:
The rapidity and importance of the passing events render
your frequent assembling both necessary and appropriate.
Various matters demand legislative action, and will, I hope,
receive your speedy consideration.
By the call of the President for all men under the age of
forty-five years—beyond which none were subject to militia
duty—and the exemption act of your late session, the militia
of the State was virtually absorbed. In lieu thereof you
created a " Guard for Home Defence," embracing all men
not subject to conscription from eighteen to fifty years of age.
Only a very few persons were exempted, and power was
given to the Governor to excuse others at his discretion. I
found that by refusing to exercise this discretion, and by exe¬
cuting the law strictly, I would seriously interfere with many
of the most vital industrial pursuits of the country; and yet
it has appeared evident to me that your intention was only
to give me the power to grant exemptions in particular cases
of necessity or great hardship, and not to excuse whole
classes of the community. I therefore respectfully recom¬
mend that the list of exemptions be extended to such classes
as may appear to you to be indispensable.
Doubts have arisen as to whether it was your intention to
permit the Guard for Home Defence to be used for the pur¬
pose of arresting deserters from the army, and aiding in the
execution of the conscript law ; and one of our Judges has
decided that the Executive has not the power to use them for
this purpose. I would therefore recommend that the act or¬
ganizing the Guard be amended, so as to invest the Governor
with the same power over this recent organization as was
given him over the militia, and so that there may be no
doubts as to the rightful powers of the Executive.
In this connection, I also beg leave to remark that I am
s
HOUSE JOURNAL.
[Session
frequently embarrassed by cases of apparent conflict between
the Executive and Judicial Departments of the State, from
which nothing less than ati authoritative decision of the Su¬
preme Court can relieve me. As that body sits but once a
year—time being #10w often of the greatest moment—it hap¬
pens that many important questions, .principally concerning
the liability of parties to render military service, remain long
undecided, the public service in consequence suffers, and the
Executive is at a loss to know what is his duty and the law.
I recommend, therefore, that, in such special cases, the Gov¬
ernor and Council, or the Chief Justice, upon the request of
the Governor, be authorized to convene the Supreme Court,
in extra session, in order to obtain from our highest judicial
tribunal, a speedy solution of doubtful questions, and to give
uniformity to the decisions of the Judges.
I also recommend, gentlemen, most earnestly, the restora¬
tion of the Spring Term of the Superior Courts. After care¬
ful observation for the past twelve months, I am fully con¬
vinced that the good of society positively demands this-—that
the abolition of this term has been productive of evil—and
that greater evil still will result if it is not restored. When
increasing crime, and a growing disregard of law are rife,
and at a time when the virtuous and the wise are everywhere
fearful that law and order are in danger of overthrow, that
we should remove the law further from the people, sounds
strangely. It should not be!
Bnt to restore the courts will involve the necessity of in¬
creasing the salary of the Judges. It is notoriously so inade¬
quate now, that I presume no one can object to its increase.
This may be effected by taxing suitors, &c., without increas¬
ing perceptibly the burthens of the people.
Your attention is also invited to so much of the legislation
of Congress as provides for the disposal by sequestration, &c.,
of real estate in North-Carolina. Very serious doubts are
widely entertained as to the power of Congress to dispose of
lands lying within the limits of this State. It need not be
denied that the power to declare war confers upon the Con-
1863.]
HOUSE JOURNAL.
9
federate government the right of declaring lands held by
alien enemies to be vacant. It is thought, however, that
upon such vacancy the right of the State, as original grantor,
or representative of such grantor, necessarily intervenes—a
breach of the condition annexed to such grant having oc¬
curred. Yery high authorities consider that it is not compe¬
tent for Congress to control the direction in which land lying
within North-Carolina shall go, in case a vacancy occur, from
any cause. The importance of this question cannot well be
exaggerated. Considerations as to the person in whom is
vested the ultimate right to the soil are of vital importance
in every society. It is plain that grave contests between the
States and the Confederate States will turn upon this point;
and that the whole theory of the relations of the two gov¬
ernments is to be greatly affected by its decision. Whilst
I do not suppose that any action on your part can settle di¬
rectly this question, I submit whether some proceedings may
not be Set on foot, by which it shall reach an early solution.
It is important, upon all accounts, that it shall be settled;
and it will tend to the suppression of litigation, and the qui¬
eting of valuable titles, that it be settled early.
Mr. Wiley, the energetic and faithfnl Superintendent of
Common Schools again comes forward, through the Literary
Board, with an important recommendation for the establish-
.ment of a system of graded schools: one or more in each
county, of which one-half the expenses are to be defrayed from
the Literary Fund, the other by the county. The plan is set
forth in a bill submitted to and approved by the Literary
Board, and sent into the Committee on Education. The idea
meets my hearty approbation; and in urging it upon your
favorable notice, I hope you will consider me neither imprac¬
ticable nor untimely. It is, in fact, a favorable time to act in
this matter. It is exceedingly important to make every pos¬
sible arrangement for the future support and comfort of our
mutilated and disabled soldiers, and their children. By quali¬
fying them for teachers, which cannot be done in schools of
no higher grade than our Common Schools, many can be
provided for. In the great plenteousness of money; the
i«o
HOUSE JOURNAL.
[Session
counties and individuals will now give liberally for such a
noble object. . ,
Lastly, it is not immodest for us to claim that North-Caro¬
lina occupies a high position among her sisters in regard to pub¬
lic education; and by exerting ourselves now, that position may
be so improved and raised as to enable our educated men and
industrious publishers to exercise no little influence in the
formation, in happier times, of Southern sentiment—-a means
of power at once enduring and glorious. By the judicious
management of the Fund, in consequence of the greatly in¬
creased value of its securities, the Board hopes to so add to
it, that no decrease in the semi-annual distributions shall
occur.
Some action is also required on your part to protect the
Fund against the course now pursued by the holders of drafts
upon it in the various counties in refusing to present them
for payment—the intention of course being to demand a dif¬
ferent currency from that which the Treasurer now receiver
and pays out. The duties and responsibilites of the Treas¬
urer of the Fund should also be more fully defined, and sefc
forth with greater particularity. _ /
- The very important subject of feeding the poor* whose
supporters and protectors are in the army, again demands oun
attention. The results of the past year's operations are most
encouraging, and should serve to give our people confidence
in the resources of their State. Great anxiety was felt last
Fall, as you know, on the subject of food, and fears were
entertained, that suffering, if not actual starvation, would be
witnessed in many quarters. Under the authority conferred
upon me by your body, I purchased and stored away about
50,000 bushels of corn, 250,000 pounds of bacon, a quantity
of rice, &c., which I expected would go but little way in
supplying the general wants. When the season closed and
the*new crop came in, however* to my surprise and gratifi¬
cation, I found that Major Hogg, Commissary of Subsistence,
had only issued to the County Commissioners about one-third
€>f the bacon* less than one-half the corn, and but very ltttle
1863.]
HOUSE JOURNAL.
If
of the rice. He reports still on hand some 70,000 pounds of
bacon, having fed a number of negroes engaged on the public
works, andeold to the army 100,000 pounds, with 20,000
bushels of corn. I have reason to believe that,;from various
causes, the crops this year have not been so abundant as
usual, and that the public will be call on to do more than
last season. But still 1 see no cause for alarm, and my last
year's experience has encouraged me to believe that all can
be fed from our own resources by proper prudence and econo^
my. I respectfully recommend a liberal appropriation among
the several coun ties, according to population, for this purpose;
at least double that of last year, and that I be allowed to buy
and store away corn, flour and bacon as heretofore.
The earnings of the steamer Advance, which has been
employed in running the blockade, may be applied to this
purpose, as they cannot be made to meet our debt abroad.
They will be amply sufficient without taxing the people a
dollar. The method of distributing these articles of food, the
duties of the sub-agents and the proper recipients should be
more definitely set forth; and provision should be made
for those families of soldiers who, according to present
arrangements forfeit their claim to assistance by removing
from one county to another, which is frequently almost
unavoidable.
v Reports are submitted herewith of the operations of the
Ordnance, Subsistence, and Quartermaster's Departments,
which I trust you will find satisfactory. The enterprise of
running the blockade and importing army supplies from-
abroad has proven a most complete success. You will see
from the report that large quantities of clothing, leather and
shoes, lubricating oils, factory findings, sheet-iron and tin,
arms and ammunition, medicines, dye-stuffs, blankets, cotton-
bagging and rope, spirits, coffee, &c., have been safely
brought in, besides considerable freight for the Confederacy.
Two thousand and ten bales of cotton have been sent to Liv¬
erpool, the proceeds of which are deposited to the credit of the
State, less the amount of expenses of the vessel. With what
12
HOUSE JOURNAL.
[Session
we have imported and the purchases in our home markets, I
think I can safely say that the North-Garolina troops will be
comfortably clothed to January, 1865, should God, in His
Providence, so long see fit to afiiict us with a continuance of
the war, except as to shoes and blankets. Neither the Ord¬
nance nor Quartermaster's Departments placed too much re¬
liance on foreign importations, but every effort has been made
to stimulate home production. But the quality and quantity
of arms and munitions manufactured have been improved in
the past twelve months. After the fall of Yicksburg cut ug
off from the wool of Texas, every exertion has been made to
secure for the State the small lots in the hands ot our farmers,
and with such success as to keep our mills all running, and here
I would beg your assistance in the protection and growth of
sheep, by such enactments as will best tend to promote the
object. Certainly there is no branch of farming industry of
greater importance now, nor one to which a more beneficial
stimulus can be applied by judicious legislation. Our mid¬
land and western hills are admirably adapted to sheep culture,
and could we once get it started under such auspices as are
now presented, it would grow into an important element of
wealth and national strength. I am unable, at present, to
furnish you with a statement of our indebtedness, purchases,
&c., in Europe, not having received as yet the necessary in¬
formation from our agent.
I herewith send you a communication from a committee
of the Legislature of Yirginia, in relation to the currency.
This important subject, upon which so greatly depends the
successful prosecution of the war for our independence, I
commend to your wisest deliberations. Although the remedy
for its great depreciation lies with the Confederate Congress,
rather than with your body, yet there might be much done
by the State in aid of the efforts of Congress. I confess my
inability to suggest any remedy for redundant paper issues,
other than to take them up by loans and taxations and by the
exhibition of the most rigid good faith in regard to their
redemption. With nations as with individuals, this often
1863.] HOUSE JOURNAL.
13
constitutes capital. The poor should be especially cautious
to preserve it. ,
I have to thank you, gentlemen* for the cordial and con¬
fiding support which I have heretofore received at your
hands, and to earnestly ask its continuance. Surely no Exec¬
utive can boast of more zealous and warmer co-operation of a
co-ordinate branch of government- than I have experienced
from your body. I shall need your sustaining arm still more
in the future. The most dangerous crisis of the war is upon
us, that crisis which is incident to all revolutions, and which
is most difficult for public officers to surmount. The novelty,
confusion and enthusiasm which filled our armies and exhil-
irated our people, having long since passed away, the win-
noning-fan of want and privation and suffering begins to
seperate the particles. The noisy are silent—the faint of heart
begin to despair, and the disloyal, though few, to grow bold in
the-presence of national ills. The restless and the discon¬
tented strive of course to imbue all others with their own
gloomy forebodings. The great tnass, thank God, continue
hopeful and earnest. Let us all labor with one accord to
sustain the nation's hope, and to show that we are worthy of
independence, by being wil'ing to pay for it the price which
every people has had to pay since Liberty was known among
the sons of men—suffering and sacrifice. The hope, which
, animated many of our people, that our enemy was coming
to the sober second thought, and that many of them were
favorable to pacific overtures, has been dashed to the ground,
and the originators of that hope at the North are trampled
under the feet of reckless and bipod thirsty majorities.—
*So far from treating with us on the basis of our independence,
or even reconstruction, the arrogant people of the North
are tauntingly proclaiming on the hustings that no peace can
be made with us—no peace talked of till the last rebel has
laid down his arms! An insulted and outraged people will
yet make them regret this haughty language which wrongs
humanity and outrage? civilization. The lion which has
crouched in their path to Southern conquest for near three
14
HOUSE JOURNAL.
[Session
years, is still there, and though driven back a little, he has
grown more watchful, and will fight more fiercely as he
approaches his lair. We know at last precisely what we
would get by submission, and therein has our enemy done us
good service—abolition of slavery, confiscation of property
and territorial vassalage! These are the terms to win us
back. Now, when our brothers bleed and mothers and little
ones cry for bread, we can point them back to the brick-kilns
of Egypt—thanks to Mr. Seward !—plainly in view, and show
them the beautiful clusters of Eschol, which grow in the land
of Independence, whither we go to possess it. And we can
remind them, too, how the pillar of fire and the cloud, the
vouchsafed guidon of Jehovah, went ever before the hunger¬
ing multitude, leading away, with apparent cruelty, from the
fullness of servitude. With such a prospect before them, our
people will, as heretofore, come firmly up to the full measure
of their duty, if their trusted servants do not fail them ; they
will not crucify afresh their own sons slain in their behalf, or
put their gallant shades to open shame, by stopping short of
of full and complete national independence.
Z. B. VANCE.
Executive Chamber, November 23d, 1863.
On motion of Mr. Harris of Cab.,
Ordered, That a message be sent to the Senate with a
proposition to print five copies for each member of the Gen¬
eral Assembly.
Mr. Peebles introduced a bill, No. 3, to limit the produc¬
tion of Cotton and Tobacco. Read first time and passed and
ordered to be printed.
On motion of Mr. Barringer, the House adjourned until to¬
morrow 10 o'clock.
HOUSE OF COMMONS, November 25,1863.
Ordered, That Messrs. Sherwood, Russell of Brunswick,
Shober, McKay, Henderson, Allison and Carter, be the Com¬
mittee upon Militia and Home Guard.
1863.]
HOUSE JOURNAL.
15
Ordered, That Messrs. Allison, Mann of P., Cobb, Kirby,
Euss, Berry, McAden, Waddell, Logan and Burgin, be the
Committee on prices of provisions.
Mr. McCormick presented a resolution as follows:
Hesolved, That all previous proceedings of this House had
in secret session are hereby made public, together with all
messages, correspondence &c., transmitted to this House, and
that the Clerk be directed to have the same printed, as the
Journal and Documents of the secret session of tbis General
Assembly.
Mr. Waddell moved to postpone the resolution.
On motion of Mr. Cowles, the resolution was made the
special order for to-morrow at 12 o'clock.
Mr. Kirby presented the following resolution:
jResolved, That this House shall meet at 9 o'clock A. M.,
take a recess from 1 P. M. to 2^ P. M., take a recess at 5 to
7 P. M., and adjourn at 9 P. M. Which was laid over under
the rules.
Mr. John W. Fentress, member elect from the county of
Cherokee, appeared and was qualified in accordance with the
law.
There being some informality in his certificate of election,
on motion of Mr. Fleming, it was referred to the Committee
on Privileges and Elections.
Mr. Cobb introduced a resolution, No. 4, concerning cer¬
tain Coupon Bonds captured by the enemy. Passed its first
reading and referred to the Committee on Propositions and
Grievances.
Mr. Stanton a resolution, No. 5, in favor of Jno. W. Hin-
eon. Read first time and passed, and referred with accom¬
panying memorial to Committee on Claims.
Mr. Carpenter, a resolution concerning the comparing of
the polls in 10th Congressional district. Read first time and
passed, and the rules being suspending was passed its second
and third readings.
Mr. McCormick, a bill No. 7, to amend an act for the re¬
lief of wives and families ot soldiers. Read first time and
16
HOUSE JOURNAL.
[Session
On motion of Mr. McKay, the bill was referred to a special
: Committee of five and ordered to be printed.
Mr. Brown, a bill No. 8, to limit planting of cotton and
tobacco. Read first time and passed and ordered to be
printed.
Mr. Waddell, a .bill No. 9, to make debts payable in Con¬
federate notes. Read first time, passed and referred to Com¬
mittee on Judiciary and ordered to be printed.
Mr. Waddell, a bill No. 10, in favor of Jolin Wright.
Read first time and passed, and referred to Committee on
Claims.
Mr. Russell of B., a bill to amend 34th chap. sec. 85 of
Revised Code. Read first time and passed. A motion to sus¬
pend the rules was not agreed to.
Mr. Waddell presented a petition from Jno. Mannig, which
was'read and referred to Committee on Propositions and
Grievances.
A number of nominations for Magistrates was made.
On motion of Mr. Person,
Ordered, That a message be sent to the Senate proposing
to set apart Saturday next for the appointment of Magis¬
trates.
On motion of Mr. Sherwood,
Ordered, That such portion of the Governor's message as
refers to Militia and Home Guard be referred to the select
Committee.
Received from the Senate, a message refusing to concur to
the proposition to set apart Saturday as a day for the ap¬
pointment of Magistrates.
A number of nominations for Magistrates was made and
recommended.
Ordered, That a message be sent to the Senate transmit¬
ting the same.
On motion the House adjourned until to-morrow 10 o'clock.
1863.]
HOUSE JOURNAL.
17
HOUSE t OF COMMONS, November 26, 1863.
Ordered, That Messrs. McKay, Fonst, McCormick, Car¬
penter and Jenkins, be the Committee on a bill to amend an
act for the benefit of families of deceased soldiers.
Mr. Howard presented a petition from L. E. Melchor.—
Refered to Committee on Propositions and Grievances.
Mr. Cobb, from Committe on Propositions and Grievances
reported favorably House Resolution No. J. On motion the
rules were suspended and the bill passed its second and third
readings.
Mr. Burgin from the Committee on claims, reported
favorably, House resolution No. 5. On motion of Mr. Stan¬
ford the rules were suspended and the resolution .passed its
second and third readings.
Mr. Lyle introduced a resolution No. 12, concerning Che¬
rokee Lands. Read first time and passed and referred to
Committee on Cherokee Lands.
On motion of Mr. McKay that portion of the Governor's
message relating to, provisions, was referred to the Select
Committee of five on bill for relief of soldiers' families.
Mr* Avera presented the following resolutions :
Whereas, All political power is vested in and derived from
the people. And, whereas, it is an inalienable right guaran¬
tied to freemen to assemble in public meeting and consult for
the common good, and give public expression to their honest,
sentiments upon questions of policy pertaining to the good
of their common country. And, whereas, the freedom of
speech and of the press is the great bulwark of civil liberty,
the suppression of the same should never be tolerated by a
republican and free people. And, whereas, we are at this
time, and have been, for nearly three years, engaged in dead¬
ly conflict of artns with the federal government. And,
'whereas, our arms have been crowned with the most brilliant
victories that the annals of history record in any age or coun¬
try, and still the breach between us appears toget wider and
yet wider. And, whereas, as yet there has been no formal
proposition for negotiations and, settlement of the questions-
18
HOUSE JOURNAL.
[Session
in dispute between us. And, whereas, it is the wish of a
large majority of the freemen of North-Carolina as expressed
at the ballot box for representatives to the Confederate Con¬
gress, that all honorable means should be used to stop the
strife, desolation and horrible slaughter of human life that
must follow a continuance of this dreadful war: Therefore,
Resolved, That the freemen of North-Carolina have the
constitutional right to hold public meetings and consult to¬
gether for the good of their common country; and that when
the freedom of speech and of the press of this State is tram¬
pled under foot, and suppressed by mob violence or military
force with impunity, the people cease to be freemen and
become vassals and slaves to military despotism, which will
never be tolerated in North-Carolina.
jResolved, That the wise and independent decisions of the
judiciary of the State cannot be too highly prized by all lovers
©f republican liberty, and North-Carolina as a sovereign State
will ever maintain and defend its loyal decisions, assailed
from whence they may; and that all true North-Carolinians
should be justly proud of the name of our patriotic Governor
Vance, for his noble defence and maintenance of the decis¬
ions of the judiciary and the laws of the State.
Resolved, That formal negotiations for an amicable and
.honorable settlement of our present national troubles upon
£he basis of separation with commercial treaties offensive and
defensive, should at the earliest day possible be commenced
with, our enemy., 'by. the legal treaty making power of the
Conl ederate States of America; and we do hereby most re-
spectl VUy request and instruct our Senators and Representa¬
tives iu Congress to make an effort to bring about negotia¬
tions by instructing the President to at once appoint ambas¬
sadors, w Vose duty it shall be to make and receive, propositions
from our <. >®Mmy pointing to a settlement and peace, and to
propose to %e Federal Congress t<? make an effort to . bring
about negotj '^icms by instructing the President to at once
aPpoint ambi, "^sdore, whose duty it .gfeall be to make arid
receive proposi ^8£$0ip, our enemy porting to a settlement
1863.]
HOUSE JOURNAL
19
and peace, and to propose to the Federal Congress the calling
of a peace convention of the people, bj both sections, to be
represented by delegates to be selected by the people of the
sovereign Stated, to make an honest, patriotic, Christian effort,
as brethren, to put a stop to the present cruel, savage and
"unchristian war, with power to ratify (subject to a vote of
the people) any treaty or compromise they may make.
Mesolved, That we are justly proud of the chivalry and
heroic valor of our brave soldiers who have so nobly battled
in the defence of our rights upon every battle field of this
bloody war, and we exhort them to stand firmly by their col¬
ors, as we cannot and must not relax any constitutional effort
for a vigorous prosecution of the war to an honorable peace,
until an armistice and cessation of hostilities are declared for
negotiation "of a treaty of peace, as we can but hold the ol¬
ive branch of peace in one hand and the sword in the other,
until we can make a settlement by negotiations or are recog¬
nized as a free and independent people.
Mr. Avera moved thai the resolution be printed and made
special order fpr Wednesday next, at 12 o'clock.
Mr. Waddell moved that they be indefinitely postponed.
Mr. Allison moved that they be laid on the table. Agreed
to.
Mr. Headen presented a resolution instructing the Com¬
mittee on Military Affairs to inquire into the rule by which
requisitions for slaves were made.
On motion, the House adjourned until to-morrow 10
o'clock.
HOUSE OF COMMONS, November 27, 1863
Mr. Allison from Committee on Propositions and Grievan¬
ces asked to be discharged from the further consideration of
the petition of L. E. Melchor.
Mr. Sherwood, from the Select Committee on Home Guard
and Militia, reported a Bill as a substitute for the Bill now
before the House. Read and ordered to be printed.
20
HOUSE JOURNAL.
[Session
Mr. Russ introduced a resolution No. 14, in favor of Bla¬
den County. Read first time and passed and referred to the
Committee on Claims.
Mr. McAden, a bill No. 13, to amend an act for the relief
of certain banks. Read first time and passed and the rules
being suspended was passed its second and third readings.
Mr. Allison, a bill No. 15, to amend and consolidate the
Charter of the Town of Statesville. Read first time and
passed, and the rules being suspended, was passed its second
and third readings.
Received from His Excellency the Governor a message
transmitting thte report of the President and Directors of the
Deaf and Dumb Asylum; and stating the resignation of his
Honor, Judge Bailey.
Received from the Senate a message transmitting certain
nominations for Justices of the Peace, and asking the agree¬
ment of the House thereto.
A number of amendments were made, and a message sent
to the Senate, stating the agreement of the House and its
amendment.
Received from the Senate a message transmitting Senate
Bill No. 16, concerning printing Treasurer's Report; which
■was read first time and passed and the rules being suspended,
was passed its second and third readings.
Also proposing to raise a joint Select Committee of three
upon the part of the House and two on the part of the Sen¬
ate, to whom shall be referred the question of increasing pay
and raising salaries, which was agreed to.
Ordered, That Messrs Amis, Carter and Person constitute
our part of said Committee.
House bill No. 11, to amend Revised Code, chap. 35, section
85, was taken up and passed its second and third readings.
A resolution to make public secret sessions was taken up,
and not agreed to.
On motion of Mr. Harrison the House adjourned until to¬
morrow 10 o'clock.
1863.]
HOUSE JOURNAL.
21
HOUSE OF COMMONS, November 28, 1863.
On motion of Mr. Waddell, leave of absence was granted
to Mr. Headen for three days from and after to-day.
Mr. Allison from the Committee on Propositions and
Grievances, reported back the petition of John Manning, and
asked to be discharged from its further consideration.
Mr. Gentry, from the Committee on Cherokee Lands, re¬
ported bill No. 12, with a substitute. 1
Mr. Keener introduced a resolution No. 18, in favor of the
Trustee of Jackson County. Read first time and passed and
referred to the Committee on Claims.
Mr. Waddell, a bill No. IT, for the relief of John Manning.
Read first time and passed.
Mr. Powell, a bill No. 19, to amend Revised Code, chap¬
ter 34, section 85. Read first time and passed.
Mr. Harris of Cabarrus, a bill No. 20, to establish Graded
Schools, read first time and passed, and ordered to be printed.
Mr. Peebles, a bill No. 21, for the relief of the citizens of
Northampton County. Read first time, passed and referred
to Committee on Claims.
Mr. Cobb, a bill No. 22, to amend third section of 48th
chapter of Laws of North-Carolina, 1862—3. Read first
time and passed and referred to Judiciary Committee.
Mr. Fleming, a bill No. 24, to amend the Revised Code in
regard to taking bonds of Clerks and Sheriffs. Read first
time and passed and referred to Judiciary Committee.
Mr. Dunn presented a resolution that a Joint Select Com¬
mittee be raised to provide some means to protect the growth
of wool. Agreed to.
Received from the Senate a message transmitting a resolu¬
tion urging the Governor to issue a proclamation for a day
of Thanksgiving and Prayer. Agreed to.
Mr. Peebles moved that House bill No. 3 be referred to a
Select Committee of five. Agreed to.
On motion of Mr. Brown, House bill No. 8, was similarly
referred.
Ordered, That Messrs Peebles, Harrison, Cobb, Brown and
Richardson be said Committee.
22
HOUSE JOURNAL.
[Session
Mr. Person presented a resolution asking tlie Governor for
information as to the rank and pay of certain officers, &c., on
the steamer Advance, and in the Quartermaster and Commis¬
sary departments. Agreed to.
Mr. McRae, a resolution asking the Governor for informa¬
tion concerning cotton cards purchased. Agreed to.
Mr. Peebles moved to reconsider the vote by which the
House agreed to concur in the nominations of Magistrates
from the Senate.
Received from tlie Senate a message transmitting the re¬
port of the President and Directors of the Insane Asylum.
On motion of Mr. Glenn, it was sent to the Senate with a
proposition to print.
On motion the House adjourned to Monday 10 o'clock. t
HOUSE OE COMMONS, November 30, 1S63.
Mr. McCormick from the Standing Committee on the In¬
stitution for the Deaf, Dumb and the Blind, submitted a re¬
port of the condition of the Institution, accompanied by a bill
No. 25, increasing the annual appropriation for the support
of said Institution thirty-five thousand dollars. Which was
passed its first reading, and, upon motion of Mr. McCormick,
the rules were suspended, and the bill passed its second and
third readings.
Mr. Costner introduced a resolution instructing the com¬
mittee on Internal Improvements to enquire into the expe¬
diency of any further legislation in regard to the Railroads
of the State, favoring their Roads to Express Companies, and
that they report by bill or otherwise.
Mr. Foy introduced a resolution instructing our Senators
and requesting our Representatives in the Congress of the
Confederate States to urge the repeal, alteration, or modifi¬
cation of the Confederate Tax Act, passed 21th April, 1863,
so as to make the law less objectionable to the people.—
Which was referred to the committee on the Judiciary.
1863.]
HOUSE JOURNAL. 23
Mr. Ritter introduced a bill to amend "An act to prohibit
the distillation of spirituous liquors, so as to exempt from the
prohibition Chinese sugar cane and the syrup thereof."—
Passed first reading, and, on his motion, was referred to the
committee on Propositions and Grievances.
Mr. Harris, of Chatham, introduced a " bill for the regula¬
tion of slave labor when employed on the public defences,"
which, passed its 1st reading, and, upon his motion, was re¬
ferred to the committee on Finance.
The hour of 11 o'clock having arrived, the special order
for that hour, to wit: the bill to amend an "Act in relation
to the Militia and a Guard for Home defence," was read its
second time.
Mr. Sherwood moved to amend by striking out in the 8th
line of the 1st section, the words " a month," and insert the
words " every three months."
Mr. Cowles called for a division of the question on the
amendment of Mr. Sherwood's.
Mr. Sherwood demanded the yeas and nays, and being
seconded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs, Bond, Carpenter, Foy, Greene, Lyle, McCormick,
McKay, McNeill, McRae, Ritter, Bobbins, Sherwood, Smith
of Guilford, "Wallen, and Young of Iredell.—14.
Those who voted in the negative are :
Messrs. Allison, Barnhardt, Bar ringer, Beall, Beam, Ben-
bury, Berry, Best, Brown, Bryan, Bumpass, Burgin, Burns,
Carter, Cobb, Costner, Cowles, Craig, Duke, Dunn, Fleming,
, Flynt, Foust, Francis, Gentry, George, Gilliam, Glenn, Grier,
Grissom, Hampton, Harris of Cabarrus, Harris of Chatham,
Hawes, Henry of Henderson, Hodges, Hollingsworth, How¬
ard, Horton, Ingram, Jenkins, Joyner, Keener, Kerner, Lo¬
gan, Love, Mann of Hyde, Mann of Pasquotank, Manning,
Parks, Pearce, Peebles, Perkins, Person, Reynolds, Richard¬
son, Rives, Robinson, Rogers, Russ, Shober, Stanford, Stan-
cil, Waddell, Walser, Watson, Wellborn and Young of Yan¬
cey.—69,
u
HOUSE JOURNAL.
[Session
So the amendmendment was not agreed to.
Mr. Brown moved to strike all after the words "deser¬
ters," in the second section, and, on this motion, called for
the yeas and nays, which being seconded by one-fifth of the
members present,
Those who voted in the affirmative are:
Messrs. Barnhardt, Barringer, Beall, Beam, Benbury,
Berry, Brown, Bryan, Bumpass, Burgin, Carter, Cobb, Cost-
ner, Craig, Duke, Dunn, Fleming, Foust, Foy, Gentry,
George, Gilliam, Glenn, Grier, Hampton, Harris of Cabar¬
rus, Harris of Chatham, Harrison, Hawes, Henry of Hen¬
derson, Hodges, Joyner, Judkins, Keener, Logan, Love,
Lyle, Mann of Hyde, Mann of Pasquotank, Manning, Parks,
Pearce, Peebles, Person, Powell, Reynolds, Richardson,
Rives, Robinson, Russ, Shober, Stanford, Stancill, Yann,
Waddell, Wallen, Williams and Young of Yancey.—5S.
Those who voted in the negative are:
Messrs. Allison, Albritton, Best, Bond, Burns, Carpenter,
Carson, Cowles, Greene, Grissom, Hollingsworth, Howard,
Horton, Ingram, Jenkins, Kerner, McCormick, McKay, Mc¬
Neill, McRae, Nissen, Perkins, Riddick, Ritter, Robbins,
Rogers, Sherwood, Smith of Guilford, Walser, Watson, Wel-
born and Young of Iredell.—32.
So the amendment was adopted—yeas 58, nays 32.
Mr. Beall moved to amend by striking out all after the
word " always," in 13th line of section 3d, and inserting
" that in case of invasion or insurrection, the Governor shall
have power to call out any or all of the classes above named
if he deems it necessary." Not agreed to—yeas 36, nays 42.
Mr. Harris, of Cabarrus, moved to amend in section 3rd,
5th line, by adding after the word " blacksmiths," the word
"shoemakers." Not agreed to—yeas 33, nays 42.
Mr. Craig moved to amend by inserting after the word
"Academies," in 13th line, section 3d, the words "Superin¬
tendents of Common Schools." Not agreed to.
Mr. Russ moved to amend by inserting after the word
" Academies," in 3d section, 13th line, the words "and all
1863.]
HOUSE JOURNAL.
25
persons who have substitutes in the army over 50 years of
age." Not agreed to.
Mr. McCormick, Wardens of the poor.
Mr. Wallen moved to amend so as to exempt one Salt
Commissioner for each County. Not agreed to.
Mr. Henry of Henderson, so as to exempt all Tanners en¬
gaged in tanning for the public. Not agreed to.
Mr. Watson, to amend by adding after the word "employ¬
ees," in 10th line of section 3d, the words "who are not al¬
ready enrolled in the Confederate service." Not agreed to.
Mr. Cowles moved to amend by striking out the 1st and
2d lines of 3d section, down to, and including the word
"amendment" and inserting the following words, to wit,
" that in addition to the exemptions contained in the act to
which this is an amendment, then shall be exempt." Which
was agreed to.
Mr. Shober moved to amend by adding to the 3d section
the words, "Provided further, that the Governor may ex¬
empt such other persons as he may deem necessarywhich
was agreed to.
Mr. Person moved to amend by adding at the end of sec¬
tion first the words, "or to execute the laws of the State,"
which was agreed to.
Mr. Carter moved to amend by striking out the word
"Counties," in the 8th line of third section, and to insert the
words "the public Jailor of each County." Mr. Bobbins
called for a division of the question, and the House refused
tostrikeout. Mr. Carter moved to insert his amendment,
which was not agreed to.
Mr. Stancell moved to amend by striking out all after the .
enacting clause in the 1st section, all after the word deserters
in the 2d section, and the whole of the 3d and 5th sections;
which was not agreed to.
Mr. Grissom moved to adjourn until to-morrow 11 o'clock;
which was not agreed to,—yeas 8, nays 75. A call for the
yeas and nays being seconded by one-fifth of the members
present,
Those who voted in the affirmative were,
26
HOUSE JOURNAL.
[Session
Messrs. Best, Grissom, Harris of Cab., Harrisen, Jenkins,
Judkins, Mann of H., and McNeill—9.
Those voting in the negative were,
Messrs. Allison, Alford, Avera, Barringer, Beall, Beam,
Berry, Bond, Brown, Bryan, Bumpass, Burns, Carpenter,
Carson, Cobb, Costner, Cowles, Craig, Duke, Fleming, Flynt,
Foust, Joy, Gentry, George, Gilliam, Glenn, Greene, Grier,
Hampton, Harris of Chat., Haines, Henry of H., Hodges, Hol-
lingsworth, Howard, Horton, Ingram, Joyner, Keener, Logan,
Love, Lyle, Mann of P., Manning, McKay, McRae, Nissen,
Parks, Peebles, Perkins, Person, Powell, Reynolds, Richard¬
son, Riddick, Ritter, Rives, Robbins, Robinson, Russ, Rog¬
ers, Sherwood, Srhith of G., Stanford, Stancill, Vann, Wallen,
Walser, Watson, Wellborn, Williams, Woodall, Young of I.,
and Young of Y.—75.
Mr. Person moved to amend by adding at the end of the
6th section the words, ^and shall be under the rules and ar¬
ticles of war." Not agreed to—yeas 41, nays 48.
The yeas and nays were called for, which call being secon¬
ded by one-fifth of the members present,
Those who voted in the affirmative were,
Messrs. Beall, Beam, Brown, Bryan, Bumpass, Bnrgin,
Burns, Carter, Cobb, Costner, Craig, Duke, Fleming, Foy,
Francis, Gentry, George, Gilliam, Grier, Harris of Chat.,
Haines, Henry of H., Joyner, Judkins, Logan, Love, Lyle,
Mann of P., Manning, Peebles, Person, Powell, Reynolds,
Richardson, Rives, Robinson, Shober, Stanford, Stancell,
Yann and Young of Y.—41.
Those who voted in the negative were,
Messrs. Allison, Albritton, Alford, Avera, Barnhardt, Bar¬
ringer, Berry, Best, Bond, Carpenter, Carson, Cowles, Dunn,
Flynt, Foust, Glenn, Greene, -Grissom, Hampton, Harris of
Cab., Harrison, Hollingsworth, Howard, Horton, Ingram, Jen¬
kins, Keener, Kerner, McCormick, McKay, McNeill, McRae,
Nissen, Parks, Perkins, Riddick, Ritter, Robbins, Rogers,
Russ, Sherwood, Smith of G., Wallen, Walser, Watson,
Wellborn, Woodall and Young of I.—48.
2863.] HOUSE JOURNAL.
27
The bill as amended then passed its third reading.
Received from the Senate a message transmitting nomina¬
tions for Justices of the Peace for Pasquotank county Which
were concurred in.
The Speaker submitted to the House, a statement of the
condition of the Bank of Charlotte, which was ordered to be
sent to the Senate.
On'motion-of Mr. Carter, the House adjourned until to-*
morrow at 11 o'clock.
HOUSE OF COMMONS, December 1, 1863.
Messrs. Dunn, Lyle, Foust, Flynt and Beam, were appointed
the House branch of the joint select Committee on the sub¬
ject of the growth of sheep.
Mr. Carter reported from the Judiciary Committee, House
bill, No. 23, " to regulate the fees of Clerks and Sheriffs of
Guilford county," and recommended that it do pass.
Mr. Allison from the Committee on Propositions and
Grievances, reported back House bill, No. 27, "to amend an
act to prohibit the distillation of spirituous liquors," with a
recommendation that it do not pass.
Mr. Brown introduced a bill to amend an act entitled
" revenue, " which on his motion was referred to Committee
on Finance.
Mr. Shober, from the Committee on education reported
back House bill, No. 20, " for the establishment of graded
schools in North-Carolina, and for other purposes," with a
recommendation that it do pass.
Mr. Manning from same Committee reported " a bill
further to define the duties of the Treasurer of the Literary
Fund and for other purposes. Passed first reading.
Mr. Peebles^ from the Special Committee on the limitation
of the production of Cotton and Tobacco, reported "A Bill to
limit the production of Cotton and Tobacco in the year 1864,"
and recommended its passage. Read first time and passed.
28
HOUSE JOURNAL.
[Session
Mr. Powell, a Resolution relative to the distribution of
Cotton Cards, wliich was passed its first reading. <
Received a communication from His Excellency, the Gov¬
ernor, in response to a resolution of the House in reference
to Cotton Cards.
Also a communication in response to a Resolution of the .
House in relation to the officers and employees engaged in
the service of the State, which was ordered to be sent to the
Senate with a proposition to print.
Mr. Waddell introduced a bill to incorporate the Lockville
Mining and Manufacturing Company; which passed its first
reading.
Mr. Waddell moved to suspend the rules and put the bill
upon its second and third readings. Not agreed to.
Upon the motion of Mr. Waddell it was referred to the
Committee on Corporations.
Mr. McKay asked leave of absence for Mr. Cowles who is
necessarily absent in attendance on a wounded brother.
Mr. Burgin introduced a Bill to amend the 101st Chapter,
Section 9th, of the Revised Code; which passed its first read¬
ing and was, on motion, referred to the Committee on Prop¬
ositions and Grievances.
Mr. McCormick, a "Bill concerning slave labor on Public
Works which passed its first reading and was referred to
the same committee.
Mr. Person, a resolution in„ favor of Jos. Cobb, sheriff of
Edgecombe county, which passed its first reading and was
referred to the same Committee.
Mr. Craig, a "Resolution in favor of sick and wounded
Soldiers which passed its first reading and was referred to
Committee on Propositions and Grievances.
Mr. Manning introduced a "Bill to enforce the Criminal
law of the State." Passed first reading and referred to Com-.
mittee on the Judiciary..
Mr. Nissen, a "Bill to better protect the liberty of free
white men, <fcc.," which was passed its first readipg and re¬
ferred to the same committee.
Mr. Foy introduced a "Bill to restore the spring term of
1863.]
HOUSE JOURNAL.
29
Mr. Mann, of Pasquotank, presented a resolution in rela¬
tion to the Public Printing, proposing that a message be
sent to the Senate asking that a joint select commttee of three
on the part of the House and two on the part of the Senate
be appointed, to consider the propriety of reimbursing the
Public Printer for losses being sustained by him in doing the
public-printing. Adopted.
Received from the Senate a message transmitting the fol-
O £3
lowing engrossed bills and resolutions:
"A-Resolution concerning the per diem and mileage of the
Members of the General Assembly."
"A Bill to repeal the third section of an act entitled "An
Act tp divide the State into ten Congressional Districts."
"A Bill to explain and amend Sec. 68, Chap< 107, of the
Revised Code." Which passed their first reading.
The House, upon motion of Mr. Henry, nominated for Jus¬
tice of the Peace for Transylvania County, E. P. Nicholson,
Benjamin Worrell and Jphn E. Duckworth, and a message
was sent to the Senate .asking the concurrence of the Senate
in the same.
The Bill to amend-"An act in relation to the Militia, and a
Guard for Home Defence," was read the third time.
Mr. Peebless moved tft strike out the word " Hatters,"in
6th line of the Bd section ; which was not agreed to.
Mr. Harris of Cabarrus, moved to insert the word ^Shoe¬
makers" after the word "Blacksmiths," in the 5th line of the
Sd-Section ; which was not agreed to.
Mr. Kirby moved to amend by adding at the end of the
6th section, the words, "and shall be subject to the rules and
articles of war of the Confederate States;" which was agreed
to—yeas 43, nays 41.
Mr. George moved to amend by striking out the 5th sec¬
tion and inserting as. follows, to wit: " Be it further enacted,
. that the Governor . appoint one Physician in each County,
who shall declare by his certificate those persons who shall
be exempted from service under the act to which this is an
the Superior Court, &c.," which was passed first reading and
referred to the Committee on the Judiciary.
30
HOUSE JOURNAL.
[Session
amendment, on account of mental or physical disability."—
Not agreed to—yeas 26, nays 66.
Mr. Hawes called for the yeas and nays, and the call being
seconded by one-fifth of the members present,
Those who voted in the affirmative are :
Messrs. Avera, Beam, Brown, Bumpass, Crawford, Flem¬
ing, George, Gilliam, Grier, Hawes, Hollingsworth, Ingram,
Judkins, Kirby, Logan, Lyle, Manning, McNeill, McRae,
Person, Ritter, Robinson, Russell of C., Standi and Wood-
all—26.
Those who voted in the negative are:
Messfs. Allison, Albritton, Barnhardt, Barringer, Beall,
Berry, Best, Bond, Bryan, Burgin, Burns, Carpenter, Carson,
Carter, Cobb, Costner, Craig, Duke, Dunn, Foust, Foy, Fran¬
cis, Gentry, Glenn, Greene, Grissom, Hampton, Harris of
Cab., Harris of Chat., Henry of B., Henry of H., Hodgee,
Howard, Horton, Jenkins, Joyne.r, Keener, Kerner, LaWs,
Love, Mann of H., Mann of P., McCormick, McKay,
Parks, Pearce, Peebles, Perkins, Powell, Richardson, Ricl-
dick, Rives, Robbins; Rogers, Sherwood, Shober, Smith of
G., Stanford, Yann, Waddell, Wallen, Walser, Watson,
Wellborn, Young of I. and Young flf Y.—66.
Mr. McKay moved to amend by inserting after the word
" army," in the 5th line of the 3d section, the words " Railr
road officers and employees, not to include laborers, (except
two expert track hands for every eight miles, who are ex¬
empt,) porters or messengers." Not agreed to.
Mr. Foy moved to amend by inserting the following as an
additional section between section 6 and 7, to wit:
" Where there may be conscripts, deserters, runaway ne¬
groes, unlawful assemblages,'mobs or riots, depredations com¬
mitted, in any Way alarming the citizens of any county, or
when the guarding of a jail is necessary, three Justices of
Peaee certifying the same in writing and requiring the offi¬
cer in command of the Home Guard of their county,.each
officer shall effect the object set forth in said request of the
Justices ; and the Justices may again require of sai^ officer
to dismiss his men when they think the danger is over."
1863.] HOUSE JOURNAL.
31
Which was not agreed to.
Mr. Walser moved to amend by adding at the end of sec¬
tion 4, as follows, to wit: "It shall not be lawful for any
commissioned or non-comrnissoned officer, or private soldier
in the Home Guards, to be compelied to hunt and arrest de¬
serters in any other part pf the State but the counties in
which they reside, and the counties adjacent thereto, and any
officer or private soldier who shall refuse or neglect to attend
and discharge his duty when ordered to hunt and arrest
deserters, or any other duty assigned to him as a member of
the Home Guard, shall be liable to the penalties above pre¬
scribed for each and every day he shall so fail, refuse, or
neglect." Which was not agreed to.
Mr. Peebles moved to amend by striking out the word
"tv*o," in the 4th line of section 5th, and insert the word
" one." Not agreed to.
Mr. Hawes moved to amend by striking out in the 8th
line of the 3d section, the words " physicians of live years'
practice," and insert the words " practicing physicians."—
Which was not agreed to.
Mr. Carter moved to reconsider the vote by which Mr.
Walser's amendment was disagreed to. Which was agreed
to, and the question recurring, shall the amendment proposed
be agreed to,
Mr. Bond asked for the yeas and nays, and the call being
seconded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs. Allison, Albritton, Alford, Amis, Avera, Barn-
hardt, Barringer, Beall, Berry, Best, Bond, Bryan, Burgin,
Burns, Carpenter, Carson, Carter, Craig, Davenport, Dunn,
Flynt, Foust, Gentry, Glenn, Greene, Grissom, Hamp¬
ton, Harrison, Henry of Bertie, Henry of Henderson, Hol-
lingsworth, Howard, Horton, Ingram, Jenkins, Joyner, Jud-
kins, Keener, Laws, Logan, Lyle, Mann of Hyde, Mann of
Pasquotank, McCormick, McKay, McNeill, McRae, Nissen,
Parks, Pearce, Perkins, Richardson, Riddick, Ritter, Rob-
bins, Rogers, Skerwood, Shober, Yann, Waddell, Wallen,
Walser, Watson, Wellborn, Woodall, Young of Iredell, and
Young of Yancey.—68.
32
HOUSE JOUPHAL.
[Session-
Those who voted in the negative are:
Messrs. Beam, Brown, Bumpass, Cobb, Costner, Crawford,
Davis, Duke, Fleming, Foy, Francis, George, Gilliam, Grier,
Harris of Cabarrus, Harris of Chatham, Hawes, Hender¬
son, Keener, Ivirby, Love, Manning, Peebles, Person,
Powell, Peynolds, Hives, Pobinson, Puss, Pussell of Craven,
Spruill, Stanford, Stancell and Williams.—34.
Yeas 68, nays 3d—so the amendment was agreed to.
Mr. McCormick moved to amend by adding an additional
section as follows, to wit:
" Be it further enacted, That the rules and articles of war
be printed and incorporated in, as a part of this bill."
Which was not agreed to.
The bill the passed its third reading.
On motion of Mr. Burgin, the House adjourned until to¬
morrow morning, 10 o'clock.
HOUSE OF COMMOXS, December 2, 1863.
Messrs. Pussell of Craven, Francis, Howard, Wellborn and
Woodall, are appointed the House Branch of the Committee
on Enrolled Bills for the week.
J\lr. Allison from the committee on Proposition and Griev¬
ances, reported with an amendment House bill Ho. 33, to
amend the 9th section of 101st chapter of the Pevised Code;
also House bill Ho. 31, concerning slave labor on public de¬
fences; and also House resolutions Ho. 36, in favor sick and
wounded soldiers, and recommended their passage.
Mr. Carter from the committee on the Judiciary, reported
House bill Ho. 22, to amend 3d section, 48th chapter of Laws
of Horth-Carolina, passed by the General Assembly, session
of ]SC2-103, with a recommendation that the same do not
pass. Also House bill, Ho. 9, to make debts payable in Con¬
federate notes, with a recommendation that it do not pass.—
Also House bill, Ho. 38, to better protect the liberty of free
white men, Ac., with a recommendation that it do not pass.
1863.]
HOUSE JOURNAL.
33
Mr. Allison from the Committee on Propositions and Griev¬
ances reported House Resolution No. 35, in favor of Joseph
Cobb, Sheriff of Edgecomb® County, with a recommendation
that it do pass.
Mr. Allison moved to suspend the rules and put the reso¬
lution upon its several readings. The rales were suspended
and the resolution passed its second and third readings and,
on Mr. Person's motion, was ordered to be immediately en¬
grossed and sent to the Senate.
Mr. Amis, from the Committee on Pinance, reported House
Bill No. 28, to amend an Act entitled "Revenue," with a
recommendation that it do pass.
Mr. Carter, from the Committee on the Judiciary, reported
House Bill No. 24, to amend the Revised Code in regard to
the taking of bonds of Clerks and Sheriffs, with a substitute,
the adoption of which they recommended.
Mr. Amis, from the Committee on Finance, reported a
Bill authorising and enlarging the powers of certain Banks,
&c., which passed its second reading, and, upon Mr. Amis'
motion, the rules were suspended and the Bill passed its sec¬
ond and third readings.
Mr. Burgin, from the Committee on Claims, reported
House Resolution, No. 14, in favor of the Trustee of Bladen
County, with an amendment,, and recommended that it do
pass as amended.
Also, House Bill No. 21, for the relief of the citizens of
Northampton County, with a recommendation that it do
pass.
Mr. McKay, from the Special Committee, reported a Bill
to be entitled "An Act to amend an act for the relief of the
wives and families of soldiers in the army," with a recom¬
mendation that it do pass.
. The Bill passed its first reading, and, upon motion of Mr.
McKay was made the special order for to-morrow at 12
o'clock, M.
Mr. McAden introduced Resolutions No. 47, in relation
to warrants and drafts drawn by Comptroller and Public
3
34
HOUSE JOURNAL.
[Session
Treasurer, which passed their first reading and, upon his mo¬
tion, was referred to the Committee on Finance.
Mr. Carpentei* introduced a Bill to incorporate the Cahota
Mining and Smelting Company, which passed its first read¬
ing, and, on his motion, was referred to the Committee on
Internal improvements.
Mr. Waddell introduced a Bill to authorise the Governor
to invest surplus money, which passed its first reading, and,
upon his motion was referred to the Committee on Finance.
Mr. Horton introduced a Bill to authorise A. J. McBride,
Sheriff of Watauga County, to collect arrears of taxes, which
passed its first reading.
Upon Mr. Horton's motion, the rules were suspended, and
the bill passed its second and third readings.
Mr. Shober introduced a Bill to be entitled "An act to
amend the 20th Section of the 34th Chapter of the Revised
Code," which passed its first reading and, on his motion, was
referred to the Committee on the Judiciary.
Mr. Cobb, a Resolution in favor of W. H. Wilkinson,
which passed its first reading and, on his motion, was referred
to the Committee on Propositions and Grievances.
The engrossed Resolution from the Senate, instructing
our Senators and requesting our Representatives in Congress
to secure an increase of the pay of soldiers, was read and
passed.
An Engrossed Bill concerning Rutherford Academy pass¬
ed its firSt reading.
Engrossed Bill to amend the Charter of the North-Caroli¬
na Christian Advocate Joint Stock Publishing Company,
passed its first reading.
Mr. Avera moved that a message be sent to the Senate
proposing to raise a joint select committee of three on the
part of the House and two on the part of the Senate to take
into consideration the subject of impressments, and that they
,-report by"bill"or otherwise, which was agreed to and the
-message sent.
The engrossed Resolution in relation to the arrest and
1863.]
HOUSE JOURNAL.
35
imprisonment of Eli Swanner, of Beaufort County, was then
read. Mr. Person offered a substitute for the preamble,
which was not agreed to—yeas 33, nays 49.
Mr. Person moved that the preamble be stricken out.
Not agreed to—yeas 32, nays 66.
Mr. Person asked for the yeas and nays, which being
seconded by one-fifth of the members present,
Tuose who voted in the affirmative are:
Messrs. Brown, Cobb, Costner, Crawford, Davenport,
Fleming, Foy, Francis, George, Gilliam, Grier, Harris of
Cabarrus, Hawes, Henderson, Hodges, Judkins, Kirby, Lo¬
gan, Love, Manning, Peebles, Person, Powell, Reynolds,
Richardson, Rives, Robinson, Russ, Russell of Craven, Stan¬
ford, Stancill and Yann—32.
Those who voted in the negative are:
Messrs. Allison, Albritton, Alford, Avera, Barnkardt, Bar-
ringer, Beall, Berry, Best, Bond, Bryan, Burgin, Jones,
Carpenter, Carson, Carter, Craig, Duke, Dunn, Flynt, Fonst,
Gentry, Glenn, Grissom, Hampton, Harris of Chatham, Har¬
rison, Henry of Bertie, Henry of Henderson, Hollings worth,
Howard, Horton, Ingram, Jenkins, Joyner, Keener, Kerner,
Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden,
McCormick, McKay, McNeill, McRae, Nissen, Parks, Pearce,
Perkins, Riddick, Ritter, Robbins, Rogers, Sherwood, Sho-
ber, Smith of Guilford, Smith of Washington, Waddell, Wal-
len, Walser, Watson, Wellborn, Woodall, Young of Iredell
and Young of Yancey—66.
The resolution then passed—yeas 84, nays 13.
Mr. Avera asked for the yeas and nays, which being secon¬
ded by one-fifth of the members present,
These who voted in the affirmative are:
Messrs. Allison, Albritton, Alford, Amis, Avera, Barn¬
kardt, Barringer, Beall, Berry, Bond, Bryan, Burgin, Burns,
Carpenter, Carson, Carter, Craig, Crawford, Duke, Dunn,
Flynt, Fonst, Foy, Francis, Gentry, Glenn, Greene, Grissom,
Hampton, Harris of Cabarrus, Harris of Chatham, Harrison,
Henderson, Henry of Bertie, Henry of Henderson, Hollings-
36
HOUSE JOURNAL.
[Session
worth, Howard, Horton, Ingram, Jenkins, Joyner, Judkins,
Keener, Kerner, Kirby, Laws, Logan, Lyle, Mann of Hyde,
Mann of Pasquotank, McAden, McCormick, McKay, Mc¬
Neill, McRae, Nissen, Parks, Pearce, Perkins, Person, Pow-
ell, Reynolds, Richardson, Riddick, Bitter, Rives, Robbins,
Rogers, Russ, Russell of Craven, Sherwood,. Shober, Smith
of Guilford, Smith of Washington, Stanford, Waddell, Wallen,
Walser, Watson, Wellborn, Woodall, Young of Iredell and
Young of Yancey—84.
Those who voted in the negative are;
Messrs. Cobb, Davenport, Fleming, George, Gilliam, Griery
Hawes, Hodges, Manning, Peebles, Robinson, StaneiU and
Yann—13.
A communication from His Excellency, the Governor,was
received and ordered to be sent to the Senate.
House Bill, No. 19, passed its second reading.
House Bill, No. 12, was taken up and the committee's
substitute was adopted, and the Bill passed its second reading.
House Bib, No. 17, was referred to Committee on Claims.
On Mr. Waddell's motion, House Bill, No. 32, yras taken
up and reported on its second reading.
Mr. Fleming moved to reconsider the vote by which the
Bill was reported. Agreed to.
Mr. Waddell moved to strike out the words s£in perpetu¬
ity," at the-end of the 1st Section, and insert the words £<for
ninety yearswhich was agreed to.
Mr. Waddell moved to refer the Bill to the Committee on
the Judiciary. Agreed to. *
Mr. A vera moved to adjourn until to-morrow morning af
11 o'clock.
Mr. Best moved to amend the motion so as to adjourn to
7 o'clock, P. M.; which was agreed to.
The House then adjourned until 7 o'clock, P. M.
IS 63.]
HOUSE JOURNAL.
3T
Evening Session—WEDNESDAY, December 2, 1863.
Mr. Mann, of Pasquotank, moved that the rules be suspen¬
ded and all the Engrossed Bills from the Senate be taken up
and placed on their second readings; which was agreed to.
Engrossed Bill to explain and amend Section 68, of
Chapter 107, Revised Code, passed its second reading, and,
on motion of Mr. Sherwood, was referred to the Committee
on the Judiciary.
Engrossed Bill to repeal the 3d Section of an Act entitled
An Act to divide the State into ten Congressional Dis¬
tricts passed its second reading, and, the rules being suspen¬
ded, passed its third reading.
Engrossed Bill concerning Rutherford Academy, passed
its second and third readings. „
Engrossed Bill to amend the Charter of the North-Caro¬
lina Christian Advocate Joint Stock Company, passed its
second and third readings.
Engrossed Resolutions concerning the per diem and mile¬
age of the members of the General Assembly, passed their
second reading, and, the rules being suspended, were placed
upon their third reading, and amended, on motion of Mr.
Carter, by the addition of another Resolution increasing
the per diem and mileage of the Speakers and Clerks of the
House and Senate, and the per diem of the Engrossing
Clerks in the same ratio as the per diem and mileage of
the members of the General Assembly is increased by the
preceding section; and, as amended, passed their third
reading.
Mr. McKay introduced a resolution relative to the lawless
acts of bands of soldiers, &c., which passed it first reading.
Mr. McKay moved to suspend the rules and place it on its
second reading. Agreed to.
Mr. Cobb moved that the resolution be referred to the
Committee on Military Affairs. Not agreed to—yeas 30,
nays 48.
The resolution then passed its second reading—yeas 72,
nays 21*
38
HOUSE JOURNAL.
[Session
Mr. Henry, of Bertie, asked for the yeas and nays, which
being seconded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs. Allison, Albritton, Alford, Amis, Avera, Barn-
hardt, Beam, Best, Bj-yan^, Burgin, Burns, Carpenter, Carson,
Carter, Costner, Craig, Davenport, Davis, Duke-, Dunn,
Flynt, Foust, Foy, Gentry, George, Glenn, Greene, Grissom,
Hampton, Harrison, Hawes, Henderson^ Henry of Bertie,
Henry of Henderson, Hodges, Hollingsworth,-Horton, In¬
gram, Jenkins, Joyner, Judkins, Keener, Kerner, Laws,
Lyle, Mann of Hyde, Mann of Pasquotank, McAden, Mc-
Cormick, McKay, McNeill, McRae, Nissen, Parks, Perkins,
Riddick, Hitter, Bobbins, Rogers, Russ, Russell of Craven,
Sherwood, Shober, Smith of Guilford, Smith of Washington,
Waddell, Walien, Walser, Watson, Wellborn, Woodall,
Young of Iredell and Young of Yancey—72.
Those who voted in the negative are ;
Messrs. Barringer, Brown, Bumpass, Cobb, Crawford,
Francis, Gilliam, Grier, Harris of Cabarrus, Harris of Chat¬
ham, Kirby, Love, Manning, Peebles, Powell, Reynolds,
Rives, Robinson, Spruill, Stanford and Stancill—2L
On motion of Mr. McCormick, the rules were suspended
and the resolution passed its third reading, and, on his mo¬
tion, was immediately engrossed and sent to the Seriate.
Mr. Carter moved that the House adjourn until 11 o'clock
to-morrow.
Mr. Stanford moved to amend by substituting. 10 o'clock.
Not agreed to.
The House then adjourned until 11 o'clock to-morrow.
THURSDAY—December 3,18-6S.
Messrs. Avera, Foust and Bryan were appointed the
House branch of the joint select committee on the subject of
impressments.
Messrs. Mann of P., McCormick and Powell were appoin-
1863.]
HOUSE JOURNAL.
39
ted the House branch of the joint select committee on reim¬
bursing the Public Printer for losses sustained in doing the
public work.
Received a message from the Senate announcing Messrs.
Sanders and Ajcock as the Senate branch of the committee
on reimbursing the Public Printer, and Messrs. Patton and
Pitchford as the Senate branch of the committee on im¬
pressments.
Received from the Senate a message proposing to raise a
joint select committee of three on the part of the House and
two on the part of the Senate to examine and report when
the General Assembly can, compatibly with the public
interest, adjourn sine die; which was agreed to. And Messrs.
Allison, Robbins and Fleming were appointed the House
branch of said Committee.
The Speaker submitted to the House statements of the
condition of the Banks of Fayetteville and Thomasville,
which were ordered to be sent to the Senate with a proposi¬
tion to print.
Mr. Henderson presented the memorial of the President
and Directors of the Raleigh and Gaston Rail Road Company,
praying an amendment of their charter, which, upon his
motion, was referred to the Committee on Internal Im¬
provements.
Mr. Allison, from the Committee on Propositions and
Grievances, to whom was referred a resolution upon the
subject of a scarcity of provisions, reported the same back to
the House and asked to be discharged from its further con¬
sideration ; which was agreed to.
Mr. Carpenter introduced a Bill to incorporate the Com-
stock Mining and Smelting Company, which passed its first
reading, and, on his motion, was referred to the Committee
on Internal Improvements.
Mr. Carter, from the Committee on the Judicially, reported
a Bill to incorporate the Lockville Mining and Manufacturing
Company, and recommended its passage.
40
HOUSE JOURNAL.
[Session
Upon the motion of Mr. [Fleming, the bill was recommitted
to the same committee.
Mr. Mann, of Pasquotank, introduced a bill to amend the
9th Section of the 23d Chapter of the Revised Code, which
passed its first reading.
Mr. Mann moved to suspend the rules and put the bill
upon its several readings. Not agreed to.
Mr. Mann moved its reference to a select committee of
three, which was agreed to; and Messrs. Mann of I*., Rich¬
ardson and George were appointed said committee.
Received from the Senate a number of Enrolled Bills,,
which were ratified and returned to the Senate for the ratifi¬
cation of its Speaker.
Mr. Grissom asked leave of absence for Mr. Eerner of
Forsyth, who is necessarily absent on account of domestic
affliction, which was granted.
Mr. Walser introduced a Bill to exempt certain officers
from military duty, which passed its first reading and, upon
his mot-ion, was referred to the Committee on the Judiciary.
Engrossed Bill in relation to salaries and fees, passed its
first reading.
Engrossed Bill in relation to depositions, passed its first
reading.
Engrossed Bill concerning the Insane Asylum, passed its
first reading.
Engrossed Bill relative to the compensation of the tax Col¬
lector of Johnson County, passed its first reading.
On mdtion of Mr. McObrmick, G. £). Baker, A. G. Thorii-
tori, Foster Mason, Col. D; McCormick and M. C. Lamont
were recommended to be Commissioned Justices of the Peace
for Cumberland County, and J. L. Atkins and L. McN. Mc¬
Donald for Harnett County. '
On motion of Mr. Henderson, H. G. Goodloe is recommen¬
ded to be commissioned a Justice of the Peace for Warren
County.
Mr. Person introduced resolutions directing the Committee
1863.]
house: journal.
41
on Finance to enquire into the expediency of amending the
Revenue Law in certain particulars; which were adopted.
Mr. Person introduced a resolution in favor of Council
"Wooten, Executor. Passed first reading and, upon his mo¬
tion, is referred to the Comrnittee on Finance.
Mr. Peebles, a Bill to prevent speculation by certain pub¬
lic officers, in food, &c., passed first reading ai d, upon hie
motion, was referred to the Committee on the Judiciary.
The special order for 12 o'clock, to wit: House Bill to
amend an act for the relief of the wives and families of sol¬
diers in the army, was passed its second reading, and, the
rules being suspended, was put upon its third reading.
Mr. Fleming moved to amend by adding an additional
section in the following words, to wit: " Be it further enacted
that this act and the act to which this is an amendment, shall
continue in force only during the present war," which was
agreed to, and the bill, as amended, passed its third reading.
Received from the Senate a message, announcing Messrs.
Simpson and Wiggins as the Senate branch of the joint se¬
lect committee relating to the adjournment of the General
Assembly.
House bill No. 3, to limit the production of cotton and to¬
bacco, &c., was read the second time, and, on motion of Mr.
Peebles, House bill No. 30, to limit the production of cotton
and tobacco in the year 1864, was adopted as a substitute.
Mr. Bynum moved to amend, by striking out all after the
enacting clause, and inserting " that the farmers of this State
are requested to plant more grain, and to cultivate it more
than they ever have heretofore which was not agreed to.
Mr. Costner moved to amend, by adding another section
in the words following, to wit; " That no manufacturer in
this State shall employ in his, her or their cotton or tobacco
factory, or any of its departments, more than five slaves be¬
tween the ages of twelve and sixty years;" which was not
agreed to.
The bill, as amended, was rejected on its second reading—
yeas 37, nays 58.
42
HOUSE JOURNAL. [Session
Mr. Peebles called for the yeas and nays, which being
seconded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs Berry, Brown, Bumpass, Cobb, Costner, Davis,
Duke, Francis, Glenn, Grier, Harris of Cabarrus, Hawes,
Henry of Henderson, Hodges, Howard, Joyner, Judkius,
Keener, Kirby, Love, Mann of Pasquotank, Manning, Mc •
Neill, McRay, Pearce, Peebles, Rhodes, Richardson, Rives,
Robinson, Russ, Sherwood, Smith of Washington, Stanford,
Waddell and Williams—37.
Those who voted in the negative are :
Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt,
Barringer, Beam, Benbury, Best, Bond, Bryan, Burgin,
Burns, Bynum, Carpenter, Craig, Crawford, Davenport,
Dunn, Fleming, Foust, Foy, Gentry, Gilliam, Hampton,
Harris of Chatham, Harrison, Henderson, Henry of Bertie,
HollingsWorth, Horton, Ingram, Jenkins, Laws, Logan, Lyle,
Mann of Hyde, McAden, McCormick, McKay, Parks, Pat¬
terson, Perkins, Reynolds, Riddick, Robbins, Rogers, Russell
of Brunswick, Shober, Smith of Guilford, Stancill, Walser,
Watson, Wellborn, Woodall, Young of Iredell, and Young
of Yancey—53.
Mr. Brown moved that the House do now adjourn until
7 o'clock, P. M. Not agreed to—yeas 42, nays 55.
Mr. Fleming asked for the yeas and nays, which being
seconded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs. Albritton, Bernhardt, Barringer, Beam, Best,
Brown, Bryan, Bumpass, Cobb, Costner, Crawford, Daven¬
port, Flynt, Gentry, Grier, Hampton, Harris of Cabarrus, Har¬
ris of Chatham, Hawes, Henry of Bertie, Hodges, Howard, In¬
gram, Keener, Kirby, Laws, Logan, Lyle, Manning, McKay,
McNeill, McRae, Powell, Reynolds, Rhodes, Richardson,
Rives, Robinson, Russ, Stanford, Stancill and Walser—42.
Those who voted in the negative are :
Messrs. Allison, Alford, Amis, Avera, Benbury, Berry,
Bond, Burgin, Burns, Bynum, Carpenter, Carter, Craig, Daj
1863.]
HOTJ§E JOURNAL.
43
vis, Duke, Dunn, Fleming, Foy, Francis, Gilliam, Glenn,
Greene, Grissom, Samson, Henderson, Henry of Honderaon,
Hollingsworth, Horton, Jenkins, Joyner, Judkins, Love,
Mann of Hyde, Mann of Pasquotank, McCormick, Nissen,
Parks, Patterson, Pearce, Perkins, Person, Riddick, Robbine,
Rogers, Russell of Brunswick, Sherwood, Shober, Smith of
Guilford, Smith of Washington, Welborn, Williams, Woodall,
Young of Iredell, and Young of Yancey—55.
Mr. Avera moved a suspension of the rules, so as to take
up and put upon its second reading engrossed bill relative
to the Tax Collector of Johnston county; which was not
agreed to.
On motion of Mr. Avera, the House adjourned until to¬
morrow morning 10 o'clock.
FRIDAY, December 4, 1863.
Mi;. Allison, from the Committee on Propositions and
Grievances, reported back to the House the resolution in
favor of W. A. Wilkinson, and asked to be discharged from
its further consideration.
Mr. Carter, from the Committee on the Jndiciary, reported
a bill to enfore the criminal law of the State, with amend¬
ments.
Mr. Carter, from same committee, reported resolutions in¬
structing our Senators in relation to an amendment of tho
Confederate tax act, and asked to be discharged from their
further consideration.
Mr. Carter from the same committee, reported a bill to
explain and amend section 68, chap. 107 of Revised Code,
and recommended its passage; also, House bill No. 51, re¬
commending its passage, and the bill to incorporate the Lock-
ville Mining and Manufacturing Company, with amendments.
Mr. Mann ot P., from a special committee, reported a bill
to amend the 9th section of 23d chapter of Revised Code,
recommending its passage.
u
HOUSE JOURNAL.
[Session
Mr. Francis introduced a bill concerning the office of
Sheriff and County Court Clerk in Cherokee county; which
passed its first reading, and was referred to the Committee
on Propositions and Grievances.
Mr. Manning introduced a resolution in favor of Elizabeth
A. Gordon ; which passed its first reading, and was referred
to the Committee on Propositions and Grievances.
blouse bill No. 12, concerning Cherokee lands, passed its
third reading.
Bill No. 8, to limit the planting of Cotton and Tobacco in
the year 1861, was read the third time.
Mr. Watson moved to lay the bill upon the table; which
was agreed to—yeas 60, nays 34.
Mr. Brown asked for the yeas and nays, which being
seconded by one-fifth of the members present.
Those who voted in the affirmative are:
Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt,
Barringer, Beam, Bond, Bryan, Burgin, Burns, Bynum, Car¬
penter, Carson, Craig, Crawford, Davenport, Foust, Foy,
Gentry, George, Gilliam, Greene, Grissom, Gaskins, Hampton,
Henry of Bertie, Beaden, Hollingsworth, Horton, Ingram,
Jenkins, Laws, Logan, Love, Lyle, McAden, McCormick,
McKay, Nissen, Parks, Patterson, Perkins, Reynolds, Ritter,
Robbins, Rogers, Russell of Craven, Shober, Smith of Wash¬
ington, Stancill, Waddell, Wallen, Walser, Watson, Well¬
born, Woodall and Young of Iredell—60.
Those who voted in the negative are:
Messrs. Berry, Brown, Bumpass, Cobb, Costner, Duke,
Glenn, Grier, Harris of Cabarrus, Harris of Chatham, Hawes,
Henry of Henderson, Howard, Joyner, Judkins, Kirby, Mann
of Hyde, Manning, McNeill, Pearce, Peebles, Person, Powell,
Rhodes, Richardson, Rives, Robinson, Russ, Smith of Guil-
foid, Spruill and Stanford—34.
House bill No. 24, to amend the Revised Code in regard
to the taking the bonds of clerks and sheriffs, was read, and
the substitute proposed by the Committee on the Judiciary
1863.]
HOUSE JOURNAL.
45
was moved and adopted as an amendment, and, as amended,
the bill passed its second reading.
Mr. Amis, from the Committee on Finance, reported Reso¬
lution in favor of Council Wooten, recommending its passage.
Also, resolutions in relation to warrants and drafts drawn by
the Comptroller and Public Treasurer, recommending their
passage.
The following engrossed bills from the Senate passed their
first reading:
A bill to regulate office hours in certain offices, and
A bill to amend an act approved 20th September, 1861,
entitled "Militia."
Received from the Senate a message, transmitting nomi¬
nations for Justices of the Peace for sundry counties; which
were concurred in.
Nominations were made for Justices of the Peace for sun¬
dry counties.
Leave of absence was granted to Messrs. Hodges, Joyner,
Best, Dunn, Stancill and Bumpass.
Mr. Shober moved to suspend the rules and place upon its
second and third readings the bill to amend an act approved
September 20th, 1861, entitled "Militia;" which was not
agreed to.
Mr. Joyner introduced a bill to amend an act authorizing
the Governor to employ slave labor for fortifications, &c.;
which passed its first reading, and was referred to the Com¬
mittee on Military Affairs.
The Speaker laid before the House a communication from
W. J. Palmer, Principal, inviting the officers and members
to attend an exhibition and concert, to be given by the pu¬
pils of the Institution, for the Deaf, Dumb, and the Blind.
House bill No. 7, was read second time and laid upon the
table.
House bill No. 9, to make debts payable in Confederate
notes, was read second time and rejected.
House resolutions No. 14, in favor of the Trustee of Bladen
county, passed their second reading.
46
HOUSE JOURNAL.
[Session
Mr. Amis, from the Committee on Finance, reported a bill
directing how tax due in Bank Stock shall be paid; which
passed its first reading.
House bill No. 20, to establish Graded Schools, was read
the second time. Mr. Harris of Chatham moved to amend
by striking out the words "unless they do not fill it," at the
end of section 16. Agreed to, and the bill, as amended,
passed its second reading.
House bill No. 21, for the relief of citizens of Northamp-
to county, was read the second time.
Mr. McAden moved to lay the bill upon the table; which
was agreed to—yeas 63, nays 27.
Mr. Peebles asked for the yeas and nays, which being
seconded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs. Allison, Albritton, Alford, Amis, A,vera, Bern¬
hardt, Barringer, Beall, Beam, Benbury, Berry, Brown, Bryan,
Burgin, Burns, Carpenter, Carson, Carter, Costner, Craig,
Crawford, Flynt, Foust, Francis, Glenn, Gaskins, Hampton,
Harris of Cabarrus, Henderson, Henry of Bertie, Hollings-
worth, Howard, Horton, Ingram, Laws, Logan, Lyle, Mann
of Hyde, McAden, McCormick, McKay, Nissen, Parks, Pat¬
terson, Perkins, Rhodes, Richardson, Ritter, Rives, Robbins,
Rogers, Russell of Brunswick, Russell of Craven, Sherwood,
Shober, Smith of Guilford, Spruill, Walser, Wellborn, Wood-
all, Young of Iredell, and Young of Yancey—63.
Those who voted in the negative ai e:
Messrs. Bynum, Cobb, Davenport, Duke, Foy, George,
Gilliam, Grier, Harris of Chaham, Ilawes, Henry of Hen¬
derson, Headen, Joyner, Judkins, Keener, Kirby, Love,
Manning, Peebles, Person, Robinson, Russ, Smith of Wash¬
ington, Stanford, Stancill, Waddell, Wallen—27.
Mr. Sherwood introduced a bill concerning Common
Schools; which passed its first reading, and was referred to
the Committee on Education.
An engrossed bill in relation to the crime of Arson passed
its first reading.
1863.]
HOUSE JOURNAL.
47
House bill Ho. 22, to amend tbird section of 48th chapter
of the laws of Horth-Carolina, passed at session of 1862 and
1863, was read second time and rejected.
House bill Ho. 23, to regulate the fees of Clerks and Sher¬
iffs of Guilford county passed its second reading.
House bill Ho. 27, to amend "an act to prohibit the distil¬
lation of spirituous liquors," was read the second time, and,
on motion of Mr. Harris of Cabarrus, was laid upon the table.
House bill Ho. 28, to amend an act entitled "Revenue,"
passed its second reading. On motion of Mr. Brown, the
rules were suspended, and the bill passed its third reading.
House resolution Ho. 31, relative to Cotton Cards, passed
its second reading.
House bill Ho. 29, further to define the duties of the Treas¬
urer of the Literary Fund and for other purposes, passed its
second reading.
House bill Ho. 33, to amend the 101st chapter and 9th sec¬
tion of the Revised Code, and the amendment proposed by
the committee is agreed to, and the bill, as amended, passed
its second reading
Engrossed bill to incorporate the Horth-Carolina Express
Company, passed its first redding.
House bill Ho. 34, concerning slave labor on public works,
passed its second reading, and, upon Mr. McCormick's mo¬
tion, the rules were suspended, and the bill passed its third
readings
House resolutions Ho. 36, in favor of sick and wounded
soldiers, are adopted bj the House.
House bill Ho. 38, to better protect the liberty of free
white men, was read the second time and rejected.
The bill in relation to salaries and fees was read the second
time. Mr. Mann of P., moved to postpone the consideration
of the bill until to-morrow at 11 o'clock, and to make it the
special order for that hour; which is agreed to.
On motion of Mr. Person, the bill was ordered to be printed.
A communication was received from his Excellency, the
Governor, relative to the building an Arsenal; which, upon
48
HOUSE JOURNAL.
[Session
Mr. Person's motion, was referred to the special committee
on amedments to the Home Guard law.
Bill JSTo. 58, in relation to depositions, passed its second
reading.
Bill No. 59, concerning the Insane Asylum, was read the
second time. Mr. Glenn moved to strike out the words
" eighty-seven thousand five hundred," whenever they occur,
and insert the words " one hundred and fifty thousand," and
strike out the words u one hundred and fifty thousand " in the
18th line, and insert the words "two hundred and twelve
thousand which was agreed- to, and the bill, as amended,
passed its second reading. Upon Mr. Glenn's motion, the
rules were suspended, and the bill passed.its third reading.
Bill No. 60, relative to the compensation of the tax col¬
lector of Johnston county, passed its second reading, and,
upon Mr. Avera's motion, the rules were suspended, and the
bill passed its third reading.
The House then adjourned until 10 o'clock to-morrow.
SATURDxiY, December 5,1863.
Mr. Allison, from the Committee on Propositions and
Greivances, reported a resolution in favor of Elizabeth A.
Gordon, recommending its passage; also, House bill No. 65,
concerning the office of Sheriff and County Court Clerk in
Cherokee county, with amendments.
Mr. Carter, from the Committee on the Judiciary, reported
House bill No. 6.3, to exempt from conscription certain offi¬
cers, recommending its passage; also House bill No. 40, to
provide for restoring the Spring Term of the Superior Courts,
&c., suggesting that a more carefully drawn bill, for the same
object, had passed the Senate.
Mr. Burgin reported House bill no 17, in favor of John
Manning, with an amendment; also, House resolution No.
18, In fayor of the Trustee of Jackson county, asking to
1863.]
HOUSE JOURNAL.
49
be discharged from its further consideration; which was
agreed to.
Mr. A vera, from the select committee on the subject of im¬
pressments, reported a bill concerning impressments; which
passed its first reading; and resolutions relative to impress¬
ments; which were adopted.
Mr. Love introduced a resolution in favor of John B. Alli¬
son, of Jackson county; which passed its first reading, and
was referred to the Committee on Propositions and Griev¬
ances.
Mr. Glissom introduced a resolution relative to the inter¬
ference of the military with the elections in Bertie count}';
which was referred to a select committee consisting of Messrs.
Grissom, Carter, Allison, Henderson and McKay, appointed
in pursuance of said resolution.
Mr. Carter introduced a bill to provide for holding elec¬
tions and comparing the polls in counties within the enemy's
lines; which passed its first reading, and was referred to the
Committee on the Judiciary. Also, a bill in relation to the
Wardens of the Poor, of Beaufort county; which passed iter
first reading, and was referred to the Committee on Proposi¬
tions and Grievance?.
Mr. Brown introduced a bill to amend an act ratified the
10th day of February, 1863, entitled "Revenue;" which
passed its first reading.
Mr. McAden a bill to amend an ordinance of the Conven¬
tion, entitled "An Ordinance to incorporate Piedmont Rail-
Road'Company;" which passed its first reading. Mr. McAden
moved to suspend the rules, and put the bill upon its second,
and third readings. Agreed to—yeas 54, nays 27.
Mr. Grissom asked for the yeas and nays, which being'
seconded by one-fifth of the members present,
Those who voted in the affirmative are :
Messrs. Amis, Bernhardt, Barringer, Beall, Beam, Berry,
Brown, Burgin, Burns, Bynum, Costner, Davenport, Flem¬
ing, Flynt, Foust, Foy, Gentry, George, Gilliam, Grier, Gas-
kins, Harris of Cabarrus, Harris of Chatham, Henderson^
4
so
HOtfSE JOUKHAL.
[Sessions
Ilenrj of Henderson, Headen, Hollingsworth, Howard, Mor¬
ton, Ingram, Judkins, Eirby, Logan, Love, McAden, Mc-
Cormick, McKay, McHeill, McRae, Parks, Patterson, Pee¬
bles, Person, Reynolds, Richardson, Ritter, Robbins, Robin¬
son, Rogers, Russ, Russell of Craven, Smith of Guilford,
Wallen and Walser-~-5L
Those who voted in the negative are J
Messrs. Allison, Albritton, Avera, Bryan, Carpenter, Carter,
Cobb, Craig, Duke, Francis, Grissom, Hampton, Hawes,
Henry of Bertie, Keener, Laws, Lvle, Mann of Hyde, Mann
of Pasquotank, Manning, Kissen, Perkins, Rhodes, Smith of
Washington, Woodall, Young of Iredell and Young of
Yancy—27.
The Bill then passed its second and third readings.
The special order for 11 o'clock, viz: an engrossed bill
relative to salaries and fees, was put upon its second
reading.
Mr. Harris of Cabarrus, moved to amend by inserting in
the 26th line 2d Section the words "and magistrates consti¬
tuting the Special Courts of the several countiesshall receive
four dollars per daywhich was not agreed to.
Mr. Amis moved to amend by inserting in the 8th line of
Section 2, after the word " office," the words "and allow¬
ances." Agreed to.
Mr. Fleming moved to amend by striking out in the first
Section the words "from and after the last day of December,
1863," and insert the words "for the year 1864." Agreed to.
Mr. Horton moved to amend by inserting, after the word
" Processioners," in 25th line 2d [Section, the word "Stand¬
ard-keepers;" which is agreed to.
Mr. Love moved to amend by striking out, in the 9th line
of 1st Section, the words " three thousand dollars," and inser¬
ting the words "two thousand dollars and his necessary
traveling expenses;" which was not agreed to.
Mr. Mann of P., moved to amend by striking out all in
the 2d Section of the Bill relative to the Public Printer and
inserting a new section in the following words, viz: That in
1863.]
HOUSE JOURNAL.
51
addition to the pay now received by the Public Printer, he
shall receive fifty cents per thousand in the same, commen¬
cing from Nov. 1862, and ending Nov. 1861; which was not
agreed to—yeas 37, nays 12.
Mr. Cobb asked for the yeas and nays, which being secon¬
ded by one-fifth of the members present,
Those who voted in the affirmative are :
Messrs. Allison, Amis, Avera, Barringer, Beam, Berry,
Bond, Burgin, Burns, Carpenter, Carson, Craig, Foust,
Greene, Grissom, Harris of Cabarrus, Henry of Henderson,
Horton, Ingram, Lyle, Mann of Hyde, Mann of Pasquotank,
McAden, McCormick, Nissen, Parks, Patterson, Perkins,
Richardson, Ritter, Robbins, Rogers, Shober, Smith of Guil¬
ford, Wallen, Woodall and Young of Iredell—37.
Those who voted in the negative are :
Messrs. Albritton, Barnhardt, Beall, Brown, Bryan, Bynum,
Cobb, Costner, Davenport, Duke, Fleming, Flynt, Foy,
Frances, George, Gilliam, Grier, Gaskins, Harris of Chatham,
HaWes, Henderson, Henry of Bertie, Headen, Howard,
Judkins, Keener, Kirby, Laws, Loves Manning, McNeill,
McKay, Peebles, Person, Reynolds, Rhodes, Robinson, Russ,,
Russell of Craven, Smith of Washington and Walser—12.
Mr. Mann moved to amend by striking out the word
"present," in 33d line Section 2d, and inserting the word
" third which is agreed to—yeas 38, nays 30.
Mr. Love moved to amend by inserting after the words
"entry takers" the words "County Surveyors;" which is
not agreed to.
Mr. Burgin, to amend by striking out in the 9th line of
Section 1st, the word "three" and insert the word "four.'
Not agreed to.
Mr. Carter moved to amend by striking out the words
" three thousand " wherever they occur in the 1st section, and
insert the words " four thousand;" which was not agreed to
—yeas 30, nays 10.
Mr. Person moved to amend bv striking out in the 9th line
•f ©
52
HOUSE JOURNAL.
[JSes6i@>
of Section 2, the words " two thousand "" and inserting the
words "fifteen hundred." Not agreed"to—yeas 31, nays 46.
Mr. Person called for the yeas and nays, which being sec¬
onded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs. Albritton, Brown, Bynum, Cobb, Costner, Daven¬
port, Fleming, Foy, Francis, Gentry, George, Gilliam, Grier,
Gaskins, Hawes, Henderson, Henry of Bertie, Headen,
Howard, Judkins, Keener, Kirby, Logan, Love, Manning,
Person, Reynolds, Bitter, Robinson, Russell of Craven and
Young of Yancey—31.
Those who voted in the negative are :
Messrs. Albritton, Aliord, Avera, Earnhardt, Beall, Benbury,
Bond, Bryan, Burgin, Burns, Carson, Carter, Craig, Duke,
Green, Grissom, Hampton, Harris of Cabarrus, Harris of
Chatham, Henry of Henderson, Horton, Ingram, Jenkins,
Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McCor-
mick, McKay, McNeill, McRae, Nissen, Parks, Pearce,
Rhodes, Richardson, Bobbins, Buss, Shober, Smith of Wash¬
ington, Wallen, Wellborn, Woodall and Young of Iredell—46.
Mr. Brown moved to a,mend by inserting after the word
" thousand," in the 9th line section 1st, the words " five
hundred."
Mr. Barnes moved to amend the amendment by striking
out the words " five hundred," and inserting the words " nine
hundred;" which is accepted by Mr. Brown, and the amend¬
ment adopted—yeas 50, nays 22.
Mr. Cobb asked for the yeas and nays, which being
seconded by one-fifth of the members present,
Those who voted in the affirmative are :
Messrs. x^llison, Amis, Avera, Beall, Beam, Benbury.
Brown, Bryan, Durgin, Burns, Bynum, Carpenter, Carter,.
Costner, Davenport, Fleming, Foy, Francis. George, Gilliam,
Grier, Grissom, Harris of Cabarrus, Harris of Chatham,
Hawes, Henderson, Henry of Henderson, Howard, Horton,
Ingram, Judkins, Keener, Love, Lyle, Manning, McCormicb,
McKay, Nissen, Person, Reynolds, Rhodes, Richardson, Rob-
1863.]
HOUSE JOURNAL.
53
bins, Buss, Shober, Wallen, Walser, Wellborn, Woodall and
Young of Iredell—50.
Those who voted in the negative are:
Messrs. Albritton, Bernhardt, Barringer, Carson, Cobb,
■Gentry, Greene, Gaskins, Hampton, Henry of Bertie, Headen,
Kirby, Logan, McNeill, McBae, Parks, Perkins, Bitter, Bob-
inson, Bnssell of Craven, Smith of Washington and Young
of Yancey—22.
Mr. Bobbins moved to amend, by adding an additional
section, to come in between sections 2 and 3, in the follow¬
ing words, to wit:
"Be it further enacted, That the Court of Pleas and Quar¬
ter Sessions of the several counties of this State, a majority
of the Justices being present, shall have power and authority
to allow the Justices constituting the Special Courts of their
respective counties such compensation as they may deem
adequate, to be paid in the same manner as the compensa¬
tion hitherto allowed bylaw; which is agreed to, and the
bill, as amended, passed its second reading.
Beceived from the Senate a message, proposing that the
General Assembly do adjourn sine die, on Monday, the 14th
instant, at 9 o'clock, A. M.; which was concurred in.
Leave of absence was granted to Messrs. Crawford, Bives
and Bnssell of Craven.
Beeeived a message from the Senate, informing the House
of the disagreement of the Senate to certain nominations
made by the House for Justices of the Peace, and asking
the concurrence of the House to certain nominations made
by the Senate; which the House refused to concur in.
Beceived a message from the Senate, proposing that the
two Houses proceed to ballot for a Judge of the Superior
Courts of Law and Equity, on Tuesday next, and informing
the House that the Hon. B. S. Gaither has been placed in
nomination in the Senate.
Mr. Peebles introduced a resolution in favor of Motley &
Bowers; which passed its first reading, and was referred to
the Committee on Claims.
54
HOUSE JOURNAL.
[Session
Received from the Senate a message, asking the concur¬
rence of the House in the nomination of Archibald Graham
and Duncan Ray as Justices of the Peace for Cumberland
county; which was concurred in.
Engrossed resolution from the Senate in favor of Levi
Dawson, passed its first reading.
Engrossed bill to incorporate the Salem and High Point
Plank Road Company, passed its first reading.
Received from the Senate a message, asking the concur¬
rence of the House in amendments proposed by the Senate
to the House engrossed bill, entitled "An act to amend the
34th chapter, 85 section of the Revised Codewhich was
concurred in.
Received a message from the Senate, informing the House
of its disagreement to the amendment proposed by the House
to resolutions concerning the per diem and mileage of mem¬
bers of the General Assembly.
The House, on motion of Mr. Fleming, receded from its
amendment.
Mr. Mann of Hyde, introduced a bill concerning Justices
of the Peace in certain counties; which passed its first read¬
ing, and was referred to the Committee on the Judiciary.
House bill No. 24, to amend the Revised Code in relation
to taking the bonds of Sheriffs was read, and passed its third
reading.
An engrossed bill from the Senate to incorporate the North-
Carolina Volunteer Navy Company, passed its first reading,
and on Mr. Person's motion, the rules were suspended, and
the bill put upon its second and third readings. It was read
the"second time, and, on motion of Mr. Person, its further con¬
sideration was postponed until Tuesday next at 12 o'clock M.
The House adjourned until 10 o'clock, A. M., on Monday
next.
1863.] HOUSE JOURNAL.
55
MONDAY, December 7, 1863.
Mr. Person, from the Committee on Military Affairs, re¬
ported unfavorably House bill No. 69.
Mr. Bynum presented a memorial of certain citizens of
Wilson county, asking that John Wilkinson be appointed a
Justice of the Peace for said county; and upon Mr. Bynnm's
motion said John Wilkinson was recommended to be ap-
pointed a Justice of the Peace.
Mr Fleming presented the certificate of election of Horace
L. Robards, member elect of this House from the county of
Catawba, in the place of George S. Hooper, Esq., resigned,
who was duly qualified, by taking the prescribed oaths of
office.
Mr. Gaskins introduced a resolution in favor of Charles
Kelly; which passed its first reading, and upon Mr. Gaskin's
motion the rules were suspended, and the bill passed its
second and third readings.
Messrs. Foust, Bynum, Brown, Young of Iredell, and
Keener were appointed the House branch of the Committee
on Enrolled Bills for the week.
Mr. Craig introduced a resolution, requesting our Senators
and Representatives in Congress to use their influence to
procure a repeal of the tithing law, and a modification of the
impressment law.
Mr. Fleming moved to lay the resolution on the table.
Agreed to—yeas 46, nays 45.
Mr. Henry of Bertie called for the yeas and nays, which
call being seconded by one-fifth of the members present,
Those who voted in the affirmative are t
Messrs. Allison, Beall, Beam, Berry, Brown, Bryan, Bur-
gin, Burns, Bynum, Cobb, Costner, Davenport, Duke, Flem¬
ing, Francis, George, Gilliam, Glenn, Grier, Harris of Ca¬
barrus, Hawes, Henderson, Henry of Henderson, Hodges,
How.ard, Jenkins, Kirby, Logan, Love, Lyle, McAden, Man¬
ning, McNeill, McRae, Parks, Person, Robards, Richardson,
Robinson, Russ, Smith of Washington, Watson and Wel-
born—-45.
56
HOUSE JOURNAL.
[Session
Those who voted in the negative are:
Messrs. Albritton, Bernhardt, Barringer, Benbury, Bond,
Carpenter, Carson, Carter, Cowles, Craig, Flynt, Foust, Foy,
Gentry, Greene, Grissom, Gaskins, Hampton, Harris of Chat¬
ham, Harrison, Henry of Bertie, Headen, Hollingsworth,
Ilorton, Ingram, Jenkins, Keener, Mann of Pasquotank,
McCormick, McKay, Nissen, Patterson, Pearce, Perkins,
Ritter, Robbins, Shober, Smith of Guilford, Wallen, Walser,
and Young of Yancey—41.
Mr. Young of Yancey, introduced a bill in relation to-
Quarter Masters, &c., of Home Guards; which passed its-
first reading, and was referred to the Committee on Propo¬
sitions and Grievances.
Mr. Francis introduced a bill concerning the Home
Guards; which passed its first reading, and was referred to
tlie Committee on Military Affairs.
Mr. Carter a bill, to facilitate the dispatch of business in
the office of Auditor of Public Accounts; which passed its
first reading, and was referred to the Committee on Finance.
Engrossed resolutions in relation to sequestration and con¬
fiscation of lands in North-Carolina were read and adopted.
Engrossed bill to repeal an act entitled " An act to repeal
the jurisdiction of the Courts, and the rules of pleading there¬
in, passed at the second extra session of the General Assem¬
bly, 1860-'61," passed its first reading.
Mr. Person introduced a resolution in favor of Fred. J.
Lord ; referred to the Committee on Claims.
House bill No. 19, passed its third reading.
Received a message from the Senate, proposing to raise a
joint select committee of three on the part of the House and
two on the part of the Senate, to inquire as to the reason
why the Journals of the State Convention have not been
printed; which was concurred in.
Messrs. Allison, Mann of Hyde, and Gilliam are appointed
the House branch of said committee.
House resolution No. 14, in favor of the Trustee of Bladen
county, passed its third reading.
1863.]
HOUSE JOURNAL.
57
A bill to regulate the fees of Clerks and Sheriffs in the
county of Guilford, passed its third reading.
A bill for the establishment of Graded Schools in North-
Carolina, and for other purposes, was read the third time.
. Mr. Henderson moved to amend, by striking out in section
12th all after the word " femalewhich was not agreed to.
On motion of Mr. Robbins, all after the word " prescribed "
in 6th line of 1st section is stricken out.
Mr. Walser moved to amend, by adding*an additional pro¬
viso to the 2d section, in the following words, viz: " Provided
also, That each county that may neglect or refuse to estab¬
lish Graded Schools, shall receive from the Literary Fund,
for Common School purposes, the same amount of money
that may be allowed to each county when the Graded Schools
shall have been established, at the same times, and under the
like regulations, as now exist in the distribution for that pur¬
pose " which is agreed to, and the bill, as amended, passed
its third reading.
A bill further to define the duties of the Treasurer of the
Literary Fund, and for other puposes, was read the third time
and rejected.
A bill to amend the 101st chapter and 9th section of the
Revised Code, passed its third reading.
Mr. Allison moved a reconsideration of the vote by which
the House concurred in the proposition of the Senate to ad¬
journ sine die, on Monday, tbe 14th inst, at 9 o'clock, A. M.,
and that the consideration of this motion be postponed until
Wednesday next, at 12 o'clock, M.; which was agreed to.
A resolution relative to Cotton Cards, was read the third
time, and was referred to the Committee on Propositions
and Grievances.
A resolution in favor of the Trustee of Jackson county
was read the second time, and, on motion of Mr. Keener, was
laid upon the table.
Resolutions instructing our Senators, (Sc., in relation to an
amendment of the Confederate Tax Act, were read and re¬
jected.
58
HOUSE JOURNAL.
[Session
An engrossed bill in regard to Larceny and Robbery,
passed its first reading.
Engrossed bill to increase the fees of the Special Magis¬
trates of the town of Wilmington, passed its first reading.
A bill to incorporate the Lockville Mining and Manufac¬
turing Company, is read the second time. The committee
recommendation that the 9th section of the bill be stricken
out is agreed to, and the other amendments proposed by the
committee not agreed to.
Mr. Fleming'moved to strike out the 4th section of the
bill. Not agreed to—yeas 21, nays 61.
Mr. Fleming asked for the yeas and nays, which being
seconded by one-fifth of the members present,
Those who voted in the affirmative are:
Messrs. Albritton, Brown, Bynum, Cobb, Costner, Daven¬
port, Dunn, Fleming, Foy, Francis, Gilliam, Grier, Harris of
Cabarrus, Hawes, Kirby, Lemmonds, Love, Manning, Per¬
kins, Person, Reynolds and Robinson—21.
Those who voted in the negative are:
Messrs. Allison, Alford. Amis, Avera, Bernhardt, Barrin-
ger, Beall, Benbury, Berry, Bond, Bryan, Burgin, Carpen¬
ter, Carter, Cowles, Craig, Duke, Flynt, Foust, Gentry, Glenn,
Greene, Grissom, Hampton, Harris of Chatham, Henderson,.
Henry of Henderson, Headen, Howard, Horton, Ingram,
Jenkins, Judkins, Keener, Lyle, Mann of Hyde, McAden,
McCormick, McKay, McNeill, Nissen, Parks, Patterson,
Pearce, Robards, Rhodes, Richardson, Ritter, Robbins, Russ,
Shober, Smith of Guilford, Smith of Washington, Spruill,
Waddell, Wallen, Walser, Woodall, Young of Iredell, and
Young of Yancey—61.
Mr. Carter moved to amend by adding at the end of the
4th section the words, " Provided, That neither of said Rail¬
roads, Tramroads, Turnpikeroade or canals, shall be over
twenty miles in length;" which is agreed to, and the bill,
as amended, passed its second reading.
The House adjourned until 10 o'clock, A. M., to-morrow
morning.
3863.]
HOUSE JOURNAL.
59
TUESDAY, December 8, 1863.
Mr. Waddell, frbm the Judiciary Committee, reported
House bill No. 62, and asked to be discharged Irom its fur¬
ther consideration, as the legislation desired belongs to Con¬
gress.
Received from the Senate a message, transmitting certain
nominations for Magistrates; which were agreed to.
Mr. Woodall introduced a resolution No. 95, in favor of
Phoeribe Johnson. Read first time and' passed, and referred
to the Committee on Propositions and Grievances.
Mr. Amis, from Committee on Finance, introduced a bill
No. 96, to authorize the Treasurer to issue small treasury
notes to amount of $100,000. Read first time and passed,
and the rules being suspended, the bill passed its second and
third readings, having been amended by Mr. Person, by ma¬
king the bills redeemable in 1870, instead of 1868.
Mr. Amis, from the same committee, a bill, 97, to allow to
the Assistant Clerk of the Treasury a fee for registering
bonds. Read first time and passed.
Same from same, a resolution instructing the Auditor of
Public Accounts to make certain enquiries; which was
agreed to.
Mr. Waddell introduced a bill, 98, to compel Railroad
Companies to keep lights and water in the cars. Read first
time and passed.
On motion of Mr. McKay, II. B. 19, which passed its third
reading on yesterday, was reconsidered.
Mr. Cobb presented a substitute; which was agreed to,
and the bill then passed its second and third readings.
Mr. Beall introduced a bill, No. 99, to redeem certain re¬
gistered bonds. Read first time and passed.
On motion of Mr. Love, H. B. No. 29 was reconsidered,
and passed its third reading.
Mr. Fleming, from the Committee on Internal Improve¬
ments, reported a memorial of the R. & G. Railrod Company,
and asked to be discharged from its further consideration.
Same from same, reported H. B. No. 41, with a substitute.
CO
HOUSE JOURNAL.
[Session
H. B. 100, to lay a tax on Express Companies. Read first
time and passed.
Mr. Wellborn introduced a bill, 101, to change the time of
holding the County Courts of .Wilkes county. Read-first
time and passed, and, on motion of Mr. Hampton, the rules
being suspended, was passed its second and third readings.
On motion of Mr. Manning, H. B. No. 66 was taken up,
and passed its second and third readings.
Mr. McCormick introduced a bill, No. 102, to incorporate
Palmyra Lodge, A. Y. M. Read first time and passed, and
the rules being suspended, was passed its second and third
readings.
A bill to incorporate the Lockville Mining and Manufac.
turing Company, was read third time and passed.
A bill for the relief of Jno. Manning, was read the second
time and rejected. '
A bill to enforce the criminal laws of the State was read
second time and passed, and rules being suspended, passed
its third reading.
A bill to explain and amend section 68, chapter 107, was
read second time and passed.
A resolution authorizing the Treasurer to pay outstanding
warrants against the Literary Fund in Confederate currency,
was read second time and passed, and the rules being'sus¬
pended, passed its third reading.
A bill to amend section 20, ebapter 34, Revised Code, was
read second time and laid on the table.
The hour of 12 M , having arrived, that being the hour
set apart for the election of a Judge of the Superior Courts
of Law and Equity, in the place of the Hon. John L. Bailey,
resigned, and the Hon. Edwin G. Reade, Hon. Burgess S.
Gaither, William Bailey, Esq., Walter W. Lenoir, Esq., and
II. L. Holmes having been nominated,
Ordered, That Messrs. Best and Henderson be the com¬
mittee to superintend the election.
Mr. Best, from our part of the committee to superintend
the election, reported as follows :
1863.]
HOUSED JtXTRNAL.
61
Whole number of votes cast by the Senate and House 141,
•f which Mr. Reade received 74, Mr. Bailey 6, Mr. Lenoir
35, Mr. Gaither 20, Mr. Holmes 4, and scattering 2.
The Hon. Edwin G. Reade having received a majority of
the whole number of votes cast, was declared duly elected.
The House then adjourned until to-morrow morning 10
o'clock, A. M.
WEDNESDAY, December 9, 1863.
Mr. Burgin, from the Committee on Claims, reported
against H. B. No. 82, in favor of Motley & Bowers; also,
against 92, in favor of Fred. J. Lord.
Mr. Carter, from special committee on resolution intro¬
duced by him, reported favorably to surrendering troops of
the State to the Confederate government, and, on his motion,
the same was made the special order for Friday at 12 o'clock.
Mr. Best gave notice of a minority report against the reso¬
lution.
Mr. Rogers introduced a resolution, 103, in favor of W.
G. Strickland. Read first time, passed, and referred to Com¬
mittee on Propositions and Grievances.
Mr. Alford a resolution, 104, in favor of John T. Walker.
Read first time, passed, and referred to Committee on Claims.
H. B. No. 64, to amend 9th section. 23d chapter of Revised
Code, was read third time and passed.
H. B. 58, in relation to depositions, was read third time
and passed.
H. B. 63, to exempt certain officers and employees of the
State from conscription, was read the second time.
Mr. Carter moved to amend, by striking out the words
" Commissioned officers of the Militia." Not agreed to—
yeas 31, nays 61.
Mr. Cowles called for the yeas and nays, and the call be-
in seconded by one-fifth of the members present,
Those who voted in the affirmative are:
62
HOUSE JOURNAL.
[Session
Messrs. Beall, Brown, Burgin, Burns, Bynum, Carter,
Cobb, Costner, Davenport, Dnke, Fleming, Franeis, Gentry,
Gilliam, Gaskins, Henderson, Henry of Bertie, Henry of
Henderson, Jndkins, Lemmonds, Logan, Love, Mann of
Hyde, McAden, Pearce, Person, Reynolds, Robards, Rhodes,
Richardson and Robinson—31.
Those who voted in the negative are:
Messrs. Allison, Albritton, Alford, Amis, Avera, Bern¬
hardt, Barringer, Beam-, Benbury, Berry, Best, Bond, Bryan,
Carpenter, Carson, Cowles, Craig, Crawford, Dunn, Flynt,
Foust, Foy, George, Greene, Hampton, Harris of Chatham,
Hawes, Headen, Hodges, Hollingsworth, Howard, Horfon,
Ingram, Jenkins, Keener, Kirby, Laws, Lyle, Mann of Pas¬
quotank, McKay, McNeill, McRae, Nissen, Parks, Perkins,
Powell, Ritter, Robbins, Rogers, Russ, Sherwood, Shober,
Smith of Guilford, Smith of Washington, Stancill, Waddell,
Wallen, Walser, Woodall, Young of Iredell, and Young of
Yancey—61.
On motion of Mr. McKay, the bill was further amended*
by adding after the word " Charlotte " the word " Fayette-
ville."
On motion of Mr. Crawford, it was further amended, by
adding " Goldsboro'."
The bill then passed its second reading; and the rules be¬
ing suspended, was read the third time and passed—yeas 63,
nays 29.
A call for the yeas and nays being second by ene-fifih ol
the members present,
Those who voted in the affirmative are:
Messrs. Allison, Albritton, Alford, Amis, Avera, Bern¬
hardt, Barringer, Beall, Beam, Benbury, Berry, Best, Bond,
Bryan, Carpenter, Carson, Carter, Cowles, Craig, Crawford,
Dunn, Flynt, Foust, Glenn, Greene, Hampton, Harris of
Chatham, Henry of Bertie, Headen, Hodges ? Hollings worth,
Howard, Horton, Ingram^ Jenkins, Judkins, Keener, Laws,
Lyle, Mann of Pasquotank, McKay, McNeill, McRae, Nis¬
sen, Parks, Patterson, Pearce, Perkins, Rhodes, Ritter, Rob-
1863.]
HOUSE JOURNAL.
63
bins, Rogers, Russ, Sherwood, Shober, Smith of Guilford,
Smith of Washington, Waddell, Wallen, Walser, Wood all,
Young of Iredell, and Young of Yancey—63.
Those who voted in the negative are:
Messrs. Brown, Burns, Bynum, Cobb, Costner, Davenport,
Duke, Fleming, Foy, Francis, Gentry, Gilliam, Gaskins,
Hawes, Henderson, Henry of Henderson, Kirby, Lemmonds,
Logan, Love, Mann of Hyde, Person, Powell, Reynolds,
Robards, Richardson, Robinson, Sprnill and Stancill—29.
Received from the Senate a message, proposing when the
two Houses adjourn this day, that they adjourn to meet again
on Friday at 1Q o'clock; which was agreed to.
Received from the Senate a message, transmitting a bill
for the relief of the wives and families of soldiers, with
amendments.
The question being upon agreeing to the amendments of
the Senate, they were not agreed to—Yeas 44, nays 52.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are :
Messrs. Allison, Albritton, Alford, Amis, Bernhardt, Bar-
ringer, Beall, Berry, Best, Bryan, Burgin, Burns, Bynum,
Carson, Dunn, Flynt, Foust, Greene, Gaskins, Harris of Ca¬
barrus, Henry of Henderson, Headen, Hollingsworth, How¬
ard, Horton, Ingram, Judkins, Laws, Lyle, Patterson, Pearce,
Perkins, Richardson, Robbins, Rogers, Russ, Sherwood, Sho¬
ber, Smith of Guilford, Wallen, Walser, Watson, Woodali
and Young of Iredell—44.
Those who voted in the negative are :
Messrs. Avera, Beam, Benbury, Brown, Carpenter, Carter,
Cobb, Costner, Cowles, Craig, Crawford, Davenport, Duke,
Fleming, Foy, Francis, Gentry, George, Gilliam, Hampton,
Harris of Chatham, Hawes, Henderson, Henry of Bertie,
Hodges, Jenkins, Keener, Kirby, Lemmonds, Logan, Love,
Mann of Hyde, Mann of Pasquotank, McCormick, McKay,
McNeill, McRae, Parks, Person, Powell, Reynolds, Robards,
64
HOUSE. J,OURNAlu
[Session
Rhodes, Hitter, Hives, Robinson, Smith of Washmton, Spru-
ill, Stancill, Waddell, 'Wellborn" and Young of Yancey—52.
The special'order was then taken up, it being the propo¬
sition to reconsider the vote by which the House agreed to
adjourn sine die on Monday next.
Mr. Fleming moved to lay the motion to recoosideT on the
table. Agreed to—yeas 45, nays 43.
On motion of Mr. Carter, the motion making the resolu¬
tion to transfer certain troops to the Confederate States the
special order for Friday 12 o'clock, was reconsidered.
Mr. Carter moved to suspend the rules, that the resolution
ue taken up. Hot agreed to.
Heceived from the Senate a message, transmitting a bill,
105, to amend an act of 1S63, entitled "Revenue." Head
first' time and passed.
Bill to incorporate Comstock Mining and Smelting Com-
\ any, was read second time and passed.
Bill 48, to incorporate Cakota Mining Company, was read
second time and passed.
Id. H. 92, was read second time and laid on the table.
Also, II. H. S2, was laid on the table.
II. B. 100, to tax Express Companies, was read second
time and passed.
II. B. OS, to compel Bailroad Companies to keep lights and
water in the cars, was read second time.
Mr. Hobbies moved to lay the same on the table. Hot
agreed to. The bill then passed its second reading.
II. B. 97, to allow Assistant Clerk of the Trearury a fee
for registering bonds, was read second time and passed—
yeas 58, nays 25.
Mr. Love called for the yeas and nays, which being se¬
conded by one-fifth of the members present,
Tiiose who voted in the affirmative aae:
Messrs. Allison, Albritton, Alford, Amis, Avera, Bern¬
hardt, Barringer, Beall, Beam, Best, Bond, Bryan, Burgin,
Burns, Carpenter, Carson, Carter, Cowles, Craig, Dunn,
Flvnt, Qentry, Greene, Grr^som, Hampton, Harrison, Hen-
1863-]
'HOUSE JOURNAL.
65
derson, H'sfiiy of Henderson, Hodges, Hollingswortb, How¬
ard, Horion, Keener, Laws, Logan, Lyle, Mann of Hyde,.
Mann of Pasquotank, McOortnick, McNeil!, Nissen, Parks,
Patterson, Pearce, Rhodes, Hitter, Bobbins, Rogers, Sher-
wood, Shober, Smith -of Guilford, Smith of Washington,.
Waddell, Wailen, Wjffson, Woodall, Young of Iredell and
Young of Yancey--58.
Those vwho voted in the negative are:
Messrs. Bynu'm, Cobb, Costner, Crawford, Davenport,
Foy, Francis, 'Gilliam, Gaskius, Harris of Chatham, Harris
cf Cabarrus, Henry of Bertie, Headen, Ingram, Lcmmondsj
Love, McRae, Person, Powell, Reynolds, Robards, Rich¬
ardson, Rives, Robinson and Stancill—24.
* Mr. Watson introduced a resolution, No. 106, in favor of
W. Patterson. Read first time, passed, and referred.to Com¬
mittee on Propositions and Grievances.
II. B. No. 62, to prevent speculation of certain.public offi¬
cers in food, &c., was read second time, and indefinitely
postponed.
H. B. No. 65, concerning office of Sheriff and County
Court Clerk in Cherokee county, under suspension of the
rules, passed its second and third readings.
II. Bill No. 67, to amend an act entitled " Militia," was-*
read the second time. A call for the yeas apd nays beings-
seconded by one-fifth of the-members present,
Those who voted in the affirmative are:
Messrs. Allison, Alford, Amis,.Bernhardt, Barringer, Beallh
Benbnry, Best, Bond, Bryan, Burgin, Carpenter, Carson, Car¬
ter, Cowles, Craig, Duke, Dunn, Grissom, Gaskins, Hampton,
Henderson, Howard, Ilorton, Ingram, Jenkins, Lyle, Mann of
Hyde, Mann of Pasquotank, McCormick, McNeill, McRae,
Nissen, Parks, Patterson, Pearce, Sherwood, Smith of Wash¬
ington, Wailen, W'elborn, Young of Iredell—40.
Those who voted in the negative are:
Messrs. Albritton, Avera, Beam, Brown, Burns, Bynurn,
Cobb, Costner, Crawford, Davenport, Fleming, Fotisf, Foy,.
Francis, Gentry, Gilliam, Glenn, Greene, Harris of Cabarrus,
5 _
66
HOUSE JOURNAL.
[Session
Harris of Chatham, Harrison, Hawes, Henry of Bertie,
Headen, Hodges, Ilollingsworth, Kirby, Laws, Lemmonds,
Logan, Love, McAden, McKay, Person, Powell, Reynolds,
Robards, Rhodes, Richardson, Ritter, Robbins, Robinson,
Smith of Guilford, Spruill, Watson and Woodall—46.
So the bill did not pass.
H. B. No. 6S, to regulate office hours in different offices of
the Executive and other departments of the State, was read
the second time.
On motion of Mr. Harris of Cabarrus, the bill was amended
by excepting the Auditor of Public Accounts.
It was further amended by adding u20th May," and passed.
Leave of 'absence was granted to Mr. Mann of Hyde.
Received from the Senate a message, proposing a commit¬
tee of conference on the bill concerning salaries and fees ;
which was agreed to.
Ordered, That Messrs. Amis and Carter be our part of said
(Committee.
On motion, the House adjourned.
FRIDAY, December 11, 1863.
Received from the Senate a message, stating its part of the
committee of conference on the bill concerning soldiers'
families.
Ordered, That Messrs. McKay, Mann of Pasquotank, and
Shober, be the committee on the part of the House.
Mr. Person, from the Committee on Military Affairs, re¬
ported favorably II. B. 38, concerning Home Guard. Also
reported back message of his Excellency, as to constructing
a State Armory, and asked to be discharged from its further
consideration.
Mr. Burns presented a resolution to limit the time of
speeches for the remainder of the session to five minutes.
Agreed to.
Mr. Patterson introduced a resolution, 107, concerning
3-863.]
HOUSE JOURNAL.
67
Cotton Factories. Read first time and passed, and referred
to the Judiciary Committee.
Mr. Cowles a bill, No. 108, authorizing the Chief Justice to
<call extra terms of the Supreme Court. Read first time and
passed.
Mr. Cowles moved to suspend the rules, that the bill be
read the second time.
Mr. Fleming moved to amend the motion, by stating that
the bill be committed to the Judiciary Committee.
Mr. Cowles called for the yeas and nays on this amend¬
ment, but the call was not seconded by one-fifth of the mem¬
bers present. The motion was then agreed to.
Mr. Keener introduced a bill, 109, authorizing the Gover¬
nor to accept services of Cherokee Indians to repel invasions
or insurrections. Read first time and passed.
Mr. Carter a bill, 110, to give the Governor a certain
amount in sterling funds to the credit of North-Carolina,
now in Europe. Read first time and passed.
Mr. Carter moved to suspend the rules, that the bill be
read the second time. Agreed to—yeas 61, nays 28.
A call for the yeas and nays was seconded by one-fifth of.
the members present.
Those who voted in the affirmative are:
Messrs. Allison, Albritton, Amis, Bernhardt, Benbury, Best,
Bond, Brown, Bumpass, Burgin, Bynum, Carpenter, Carson,
Carter, Cowles, Craig, Duke, Fleming, Foy, Francis, Gaskins,
Gentry, Glenn, Grissom, Harris of Cabarrus, Harrison,
Hawes, Henderson, Henry of Bertie, Henry of Henderson,
Hodges, Howard, Jenkins, Joyner, Jndkins, Keener, Laws,
Logan, Lyle, Mann of Pasquotank, McCormick, McKay,
McNeid, McRay, Nissen, Parks, Patterson, Pearce, Perkins,
Powell, Rhodes, Ritter, Rogers, Sherwood, Smith of Guilford,
Waller), Walser, Watson, Wellborn, Young of Iredell and
Young cf Yancey—61.
Those who voted in the negative are :
Messrs A vera, Barnnger, Berry, Burns, Cobb, Costner,
Crawford, F'lynt, Foust, George, Harris of Chatham, Headen,
es
HOUSE JOURNAL.
[Session
Hollingsworth, Horton, Kirby, Lemmonds, Love, Peebles,
Person, Richardson, Rives, Robbards, Robbins, Robinson,
Rnss, Smith of Washington, Stancill and Woodall—28.
The question then recurring upon the passage of the bill
upon its second reading, it was rejected—yeas 42, na}Ts 46.
A call for the yeas and nays was seconded by one-fifth of
the members present.
These who voted in the affirmative are
Messrs. Allison, Amis, Bernhardt, Benbury, Berry, Best,
Bond, Burgin, Carson, Carter, Cowles, Craig, Duke, Fleming,
Gaskins, Gentry, Glenn, Grissom, Harris of Cabarrus, Hen¬
derson, Henry of Bertie, Howard, Jenkins, Joyner, Laws,
Lyle, Mann of Pasquotank, McCormick, Nissen, Parks, Pat¬
terson, Pearce, Perkins, Rogers, Sherwood, Shober, Smith of
Guilford, Walien, Walser, Wellborn, Young of Iredell and
Young of Yancey—42.
Those who voted in the negative are :
Messrs. Albritton, Avera, Barringer, Brown, Burns, By-
duib, Carpenter, Cobb, Costner, Crawford, Flynt, Foust, Foy,
Francis, George, Harris of Chatham, Harrison, Hawes, Henry
of Henderson, ITeaden, Hodges, Hollingsworth, Horton, Jud-
kins, Keener, Kirby, Lemmonds, Logan, Love, McKay, Mc¬
Neill, McRae, Peebles, Person, Powell, Rhodes, Richardson,
Ritter, Rives, Robards, Robbins, Robinson, Russ, Smith of
Washington, Stancill and Woodall—46.
Mr. Henry of Bertie, presented a resolution proposing that
the two Houses rescind the joint order by which they agreed
to adjourn sine die on Monday next, and to meet again on
the 3d Monday in April next.
Mr. Love moved to strike out that part of the resolution
relating to the re-assembling of the Legislature. Not agreed
to—yeas 36, nays 50.
A call for the yeas and nays being seconded by one-fifth cf
the members present,
Those who voted in the affirmative are
Messrs. Bernhardt, Brown, Bumpass, Burns, Bynum, Car¬
ter, Cobb, Costnei, Crawford, Dunn, Fleming, Francis, Gen-
1863.]
HOUSE JOURNAL.
69
try, George, Harris of Cabarrus, Harris of Chatham, Hawes,
Henderson. Henry of Henderson, Hodges, Howard, Judkins,
Keener, Kirby, Lemmonds, Love, Lyle, Patterson, Peebles,
Person, Powell, Rhodes, Richardson, Rives, Russ and Stan-
cill—36.
Those who voted in the negative are:
Messrs. Allison, Amis, Avera, Barringer, Benbury, Berry,
Best, Bond, Burgin, Carpenter, Carson, Cowles, Craig, Duke,
Flynt, Foust, Foy, Gaskins, Glenn, Grissom, Harrison, Henry
of Bertie, Headen, Ilollingsworth, Horton, Jenkins, Laws,
Mann of Pasquotank, McCormick, McKay, McNeill, McRae,
Nissen, Parks, Pearce, Perkins, Ritter, Robards, Robbins,
Rogers, Sherwood, Shober, Smith of Guilford, Smith of Wash¬
ington, Wallen, Walser, Watson, Wellborn, Woodall and
Young of Yancey—50.
Mr. Harris of Chatham, moved to amend by striking out
3d Monday in April, and inserting 3d Tuesday in May.
Agreed to.
Mr. Amis moved to make the day of adjournment Wed¬
nesday next, instead of Monda}r next. Not agreed to.
The resolution then passed—yeas 52, nays 38.
A call for the yeas and nays being seconded by one-fifth
of the members present,
T rose who voted in the affirmative are:
Messrs. Allison, Albritton, Amis, Avera, Beall, Benbury,
Best, Bond, Burgin, Carpenter, Carson, Carter, Cowles,
Craig, Duke, Flynt, Foust, Glenn, Greene, Grissom, Harris
of Chat., Harrison, Henry of Bertie, Headen, Hollingsworth,
Horton, Jenkins, Judkins, Keener, Laws, Love, Mann of Pas¬
quotank, McCormick, McKay, McNeill, McRae, Nissen,
Parks, Pearce, Perkins, Ritter, Robards, Robbins, Rogers,
Sherwood, Shober, Wallen, Walser, Watson, Wellborn,
Woodall and Young of Yancey—52.
Those who voted in the negative are:
Messrs. Bernhardt, Barringer, Berry, Brown, Bumpass,
Burns, Bynum, Cobb, Costner, Crawford, Dunn, Fleming,
Foy, Francis, Gaskins, Gentry, George, Harris of Cabarrus,
TO HOUSE JOURNAL. [Session
Hawes, Henderson, Henry of Henderson, Hodges, Howard,
Joyner, Kirby, Lemraonds, Lyle, Patterson, Peebles, Personr
Powell, Rhodes, Richardson, Rives, Robinson, Russ, Smith
of Washington, and Stancill—38.
Received from the Senate a message, proposing to rescind
the joint rule requiring bills to be engrossed and retained in
each House one day. Agreed to.
On motion of Mr. Love, the vote by which H. B. 67, to
amend an act entitled "Militia," was rejected on Wednesday,
was reconsidered.
The bill then passed its second reading—yeas 63, nays 23.
A call for the yeas and nays bemg seconded by one-fifth of
of the members present,
Those who voted in the affirmative are :
Messrs. Allison, Alford, Amis, Avera, Bernhardt, Beall,
Benbury, Berry, Best, Bond,Burgin, Carpenter, Carson, Car¬
ter, Costner, Cowles, Craig, Duke, Dunn, Flynt, Gentry,.
George, Glenn, Greene, Grissom, Harris of Chatham, Hawes,
Henry of Bertie, Henry of Henderson, Headen, Hollings-
worth, Howard, Horton, Ingram, Jenkins, Joyner, Keener,
Laws, Love, Lyle, McCormick, McNeill, McRay, Nissen,
Parks, Patterson, Pearce, Perkins, Rhodes, Ritter, Robards,
Robinson, Rogers, Sherwood, Shober, Smith of Washington ,
Spruill, Wallen, Walser, Watson, Wellborn, Woodall, and
Young of Yancey—63.
Those who voted in the negative ai e :
Messrs. Albritton, Bumpass, Burns, Bynum, Cobb, Craw¬
ford, Foust, Foy, Francis, Harris of Cabarrus, Henderson,
Judkins, Kirby, Lemmonds, McKay, Peebles, Person, Pow-
• ell, Richardson, Rives, Robbins, Smith of Guilford and Stan¬
cill—23.
On motion of Mr. Grissom, the rules were suspended, and
the bill was read the third time.
Mr. Person presented an amendment as an additional sec¬
tion, that the pay of all the State Troops in the field be in¬
creased proportionably. Not agreed to—yeas 33, nays 41.
1863.] HOUSE JOURNAL.
71
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Albritton, Avera, Brown, Bumpass, Bynum, Cobb,
Cowles, Crawford, Foust, Francis, Gentry, George, Harris of
Chatham, Hawes, Hodges, Keener, Kirby, Love, Mann of
Pasquotank, McKay, Peebles, Person, Powell, Rhodes,
Richardson, Rives, Robards, Bobbins, Robinson, Russ, Stan-
cill, Wellborn and Young of Yancey—33.
Those who voted in the negative are :
Messrs. Allison, Alford, Amis, Bernhardt, Barringer, Beall,
Benbury, Berry, Best, Burgin, Burns, Carpenter, Carson, Car¬
ter, Craig, Duke, Dunn, Foy, Gaskins, Glenn, Grissom, Har¬
ris of Cabarrus, Henderson, Henry of Bertie, Henry of Hen¬
derson, Headen, Howard, Horton, Ingram, Jenkins, Joyner,
Laws, McCormick, McRae, Parks, Patterson, Pearce, Rogers,
Sherwood, Smith of Guilford, Smith of Washington, Spruill,
Wallen and Woodall—44.
The bill then passed its third reading.
Mr. Hawes, by leave, introduced a bill, 111, concerning
rates of ferriage on a ferry in Hew Hanover. Read first
time and passed.
A number of nominations were made for magistrates;
which were laid on the table.
On motion, the vote by which the bill to give the Gover¬
nor certain foreign funds was rejected, was reconsidered, and
passed its second reading.
The bill was read the third time and passed—yeas 51 f
nayn 37.
A call for the yeas and nays was seconded by one-fifth of
the members present.
Those who voted in the affirmative are:
'Messrs. Allison, Alford, Amis, Avera, Bernhardt, Beall,
Benbury, Berry, Best, Bond, Burgin, Carson, Carter, Cowles,
Craig, Duke, Dunn, Gaskins, Gentry, Glenn, Greene, Gris¬
som, Harris of Cabarrus, Henderson, Henry of Bertie, Henry
of Henderson, Howard, Jenkins, Joyner, Keener, Laws, Lyle,
HOUSE JOUENAt.
[Session'
Mann of Pasquotank, McCormick, Nissen, Parks, Patterson,
Pearce, Perkins, Eobards, Eogers, Sherwood, Shober, Smith
of Guilford, Smith of Washington, Sprnill, Wallen Walser,
Watson, Wellborn and Young of Yancy—51.
Those who voted in the negative are:
Messrs. Albritton, Barringer, Brown, Burns, Bynum, Car¬
penter, Cobb, Costner, Crawford, Foust, Foy, Francis, George,.
Harris of Chatham, Harrison, Hawes, Headen, Hodges, Hol-
lingsworth, Judkins, Kii'by, Lemmonds, Logan, Love, Mc¬
Kay, McNeill, McEae, Peebles, Person, Powell, Ehodes,
Kichardsori, Eives, Bobbins, Eobinson, Buss a"ndJ Wood-
all—37.
' Mr. Person, by leave, introduced a bill, 102, to amend Be-
vised Code, chapter 36, entitled "Currency." Eead first
time and passed.
On motion of Mr. Carter, the vote by which H. B. 109,
was committed to the Judiciary Committee, was reconsid¬
ered.
The bill then passed its second and third readings.
Kecei^ed from the Senate a message, transmitting the fol¬
lowing engrossed bills; which were read the first time and
passed:
113, Eesolutioti in favor of the Clerks of the House and
Senate, under suspension of the rules, passed second and
third readings.
114, Bill requiring certain Sheriffs to refund money in cer¬
tain cases.
115, A bill to increase pay of witnesses and jurors.
116, Eesolution in favor of H. H. Sandlin.
117, Bill concerning Ealeigh & Gaston Eailroad.
Mr. McEae presented the following resolution :
Whereas, It is currently rumored that the Governor has
received a certain communication from Abraham Lincoln,
with propositions for peace contained therein, and allusion
has been made to the same in some of the public journals;
and whereas, it may be desirable on the part of the House
1863.]
HOUSE JOURNAL.
73
to be prepared officially to confirm or reject the same, there¬
fore,
Hcsolved, That the Governor be most respectfully requested
to inform this House whether or not he has received any
such communication, and if so, what were the contents there¬
of, and whether it would be desirable to communicate with
this House in secret session.
Which was laid on the table.
Mr. Amis introduced a bill, 118, relative to the Governor's
message. Read first time and passed, and the rules being
suspended, the bill then passed its second and third readings.
On motion of Mr. Watson, H. B. 106, in favor of W. Pat¬
terson was taken up, and passed its second and third readings.
Received from the Senate a message, transmitting certain
nominations for magistrates; which was laid on the table.
Received from the Senate a message, agreeing to the pro¬
position as to the time of adjournment, and of re-assembling.
The following bills passed their third reading:
61, Resolution in favor of Council Wooten.
98, A bill to compel Railroad Companies to keep lights
and water in their Cars.
100, A bill to tax Express Companies.
48, Bill to incorporate the Cahota Mining Company.
— Bill to incorporate the Comstock Mining Company.
97, Bill to allow Assistant Clerk of the Treasury a fee for
registering bonds.
70, Bill directing how tax due on Bank Stock shall be paid.
The following bills passed their second reading :
88, Bill concerning the Home Guard.
71, Bill concerning Common Schools.
69, Bill to amend the act authorizing the Governor to em¬
ploy slave 1; bor, was laid on the table.
The House then took a recess until half past 3 o'clock.
HOUSE JOURNAL.
[Session
Afternoon Session, FRIDAY, Dec. 11, 1863.
72, Bill to incorporate the N. C. Express Company was
amended, on motion of Mr. Amis, by striking out the word
" perpetual" and inserting " for thirty years,and then
passed its second reading.
The following bills, under a suspension of the rules, passed
their second and third readings.
74, Bill concerning impressments.
SO, Bill to amend the Revenue Law.
83, Resolution in favor of Levi Dawson.
91, Bill to amend an act to change the jurisdiction of the
Courts, and to alter the rules of pleading therein, was read
the second time.
On motion of Mr. Carter, the bill was amended by pro¬
viding that the Courts shall not have jurisdiction to try ac¬
tions of debt, account, assumpsit, &c.
The bill then passed its second reading—yeas 51, nays 42.
A motion to suspend the rules was not agreed to—yeas 50,
nays 34.
A call for the yeas and nays was seconded by one-fifth of
the members present.
Those who voted in the affirmative are :
Messrs. Allison, Albritton, Alford, Amis, A vera, Bern¬
hardt, Benbury, Berry, Best, Bond, Brown, Bumpass, Bur-
gin, Burns, Carpenter, Costner, Craig, Foust, Francis, Glenn,
Grissom, Harrison, Hawes, Henry of Henderson, nollings-
worth, Howard, Horton, Jenkins, Joyner, Keener, Laws,
Love, Lyle, Mann of Pasquotank, Nissen, Parks, Patterson,
Pearce, Perkins, Person, Rhodes, Robbins, Rogers, Sher¬
wood, Shober. Smith of Guilford, Smith of Washington, Wal-
len, Watson and Woodall—50.
Those who voted in the negative are :
Messrs. Barringer, Bynuin, Cobb, Cowles, Crawford, Duke,
Dunn, Fleming, Foy, Gaskins, Gentry, George, Greene, Har¬
ris of Cabarrus, Harris of Chatham, Henderson, Henry of
Bertie, Headen, Hodges, Ingram, Judkins, Kirby, McNeill,
1863.] HOUSE JOURNAL. 75
McRae, Powell, Richardson, Ritter, Rives, Robards, Robin¬
son, Russ, Stancill, Walsor and Wellborn—34.
The following bills passed their second reading:
93, Bill in regard to Larceny and Robbery.
94, Bill to increase the fees of the Special Magistrate, in
the town of Wilmington.
105, Bill to amend the Revenue Law was postponed to 10
o'clock, A. M., to-morrow.
Mr. Henry moved a reconsideration of the vote by which
House bill, 110, passed this morning.
The Speaker ruled the motion out of order, as the bill had
been sent to the Senate.
Mr. Henry then moved that a message be sent to the Sen¬
ate, asking that body to return said bill to this House. A mo¬
tion to lay that motion on the table, was not agreed to—yeas
41, nays 47.
A call for the yeas and nays was seconded by one-fifth of
the members present.
Those who voted in the affirmative are:
Messrs. Allison, Bernhardt, Beall, Benbury, Bond, Bum-
pass, Burgin, Carter, Costner, Craig, Duke, Dunn, Foy, Gas-
kins, Glenn, Grissom, Harris of Cabarrus, Henderson, Henry
of Henderson, Ingram, Jenkins, Joyner, Keener, Laws, Lem-
monds, Lyle, Mann of Pasquotank, McCormick, McNeill,
Parks, Patterson, Pearce, Perkins, Rogers, Sherwood, Sho-
ber, Smith of Guilford, Smith of Washington, Wallen, Wat¬
son, Wellborn and Woodall—r41.
Those who voted in the negative are:
Messrs. Albritton, Amis, A vera, Barringer, Berry, Best,
Brown, Burns, Bynum, Carpenter, Cobb, Cowles, Crawford,
FJynt, Foust, Francis, Gentrjy George, Greene, Harris of
Chatham, Haw#s, Henry of Bertie, Headen, Hodges, I|pl-
lingsworth, Howard, Horton, Judkins, Kirby, Love, McKay,
McRae, Nissen, Peebles, Person, Powell, Rhodes, Richard¬
son, Ritter, Rives, Robards, Bobbins, Robinson, Russ, Spruill,
Stancill and Young of Yancey—47.
76
HOUSE JOURNAL.
[Session
The question then recurring upon Mr. Henry:g motion, the
House ordered the message to be sent—yeas 4:6, nays 41.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Albritton, Alford, Amis, A vera, Barringer, Best,
Burns, Bynum, Carpenter, Cobb, Cowles, Craig, Crawford,
Dunn, Flynt, Fonst, Foy, Francis, Gentry, Greene, Harris of
Chatham, Henry of Bertie, Headen, Hodges, Hollingsworth,
Howard, llorton, Judkins, Kirby, Love, McKay, McNeill,
^McRae, Peebles, Person, Powell, Rhodes, Richardson, Ritter,
Rives, Robards, Robbins, Robinson, Russ, Stancill and Young
of Yancey—46.
Those who voted in the negative are:
Messrs. Allison, Bernhardt, Beall, Benbury, Berry, Bond,
Brown, Bumpass, Burgin, Carter, Costner, Dnke; Fleming,
Gaskins, Glenn, Grissom, Harris of Cabarrus, Henderson,
Henry of Henderson, Ingram, Jenkins, Joyner, Keener,
Laws, Lemmonds, Lyle, Mann of Pasquotank, McCormick,
Parks, Patterson, Pearce, Perkins, Rogers, Sherwood, Sbo-
ber, Smith of Guilford, Smith of Washington, Wallen, Wai-
ser, Wellborn and Woodall—41.
On motion, the House took a recess to half past 7 o'clock.
Night Session, FRIDAY, Dec. 11, 1863.
On motion, the Plonse resolved itself into secret session,
which being over,
The House adjourned until to-morrow morning 10 o'clock.
SATURDAY, December 12, 1863.
Mr. Carter, from the Judiciary Committee, reported bibs
7», 112 and 85, favorably, and asked to be discharged from
thd further consideration of bills 107 and 105.
1863.]
HOUSE JOURNAL.
77
Mr. Allison, from the Committee on Propositions and
•Grievances, reported bills 76, 103, and 79. and asked to be
discharged from their further consideration, and bills 87 and
31 favorably, with amendments.
Mr. Grissom, from the select committee on arrests of cer¬
tain citizens of Bertie, presented a report.
Mr. McKay, from Committee of Conference on bill for re¬
lief of soldiers'families, submitted a report that the House
recede from its disagreement to the Senate's amendment;
which report was concurred in by the House.
Mr. Amis, from the Committee of Conference on the bill
concerning salaries and fees, submitted a report; which was
concurred in by the House, and ordered to be transmitted to
the Senate.
A number of nominations for Justices of the Peace were
made, and laid on the table.
Mr. Fonst presented resolutions, as follows:
Resolved by the General Assembly of North Carolina, Tha t
the repeal of the Confederate States' Congress of the laws
by vvhich persons skilled in certain trades or professions are
exempt from military service, and the substituting therefor
a system of details to meet the wants of the country, would
be, in the judgment of this General Assembly, exceedingly
unwise and improper, because of the danger that the persons
entrusted with the power of making such details, would often
execute the duty injudiciously, and with partiality.
Resolved, That in the <p'nion of this General Assembly,
the privilege granted to conscripts and soldiers in service by
the Congress of the Confederate States to furnish substitutes,
after such substitutes have been furnished and accepted, be¬
came a contract which the government cannot constitution¬
ally, or in good conscience, violate.
Resolved, That any plan for restoring the currency, so far
as it contemplates compulsory funding, and repudiates the
contract of the government with the -holders of its notes,
that they should be receivable in payment of public dues, is
78
HOUSE JOURNAL.
[Session
impolitic, because a breach of contract cannot restore, but
tends to destroy all confidence in the government.
Mr. Person moved to lay the resolutions on the table. Not
agreed to—yeas 25, nays 47.
A call for the yeas and nays by Mr. Foust, was seconded
by one-fifth of the members present.
Those who voted in the affirmative are :
Messrs. Beall, Carter, Cobb, Costner, Crawford, Duke,
Fleming, Foy, Francis, George, Ilawes, Henderson, Howard,
Joyner, Kirby, Love, Peebles, Person, Powell, Rhodes, Rives,
Robards, Smith of Washington, Stancill and Williams—25.
Those who voted in the negative are:
Messrs. Allison, Alford, Amis, Avera, Barringer, Berry,
Best, Bond, Burgin, Carpenter, Carson, Cowles, Craig, Dunn,
Foust,.Gentry, Glenn, Grissom, Harrison, Henry of Bertie,
Henry of Henderson, Headen, Horton, Jenkins, Keener,
Laws, Lyle, Mann of Pasquotank, McAden, McCormick,
McKay, Nissen, Parks, Patterson, Pearce, Perkins, Rich¬
ardson, Riddick, Ritter, Robbins, Rogers, Sherwood, Shober,
Smith of Guilford, Walien, Woodall and Young of-Yan¬
cey —47.
Mr. Person moved to amend, by adding an additional reso¬
lution, viz:
'•That while we may entertain the foregoing opinions, it
is not our purpose to weaken the strength of our armies, but
on the contrary, we desire that they shall be made so strong
as to achieve the independence >of the Confederate States,
without which no settlement of our contest can or ought to
be made,"
On motion, the whole matter was postponed to the third
Tuesday in May next.
Mr. Mann of Pasquotank, introduced a resolution, 121, au¬
thorizing the Public Treasurer to exchange Confederate notes
for N. C. Treasury notes with families of officers and soldiers
living in the enemy's lines. Read, and passed first time.
A motion to suspend the rules was not agreed to.
1863.] HOUSE JOURNAL.
79
Mr. Henry of Bertie a resolution, 122, authorizing the Gov¬
ernor to demand W. D. Wynne of the Confederate States.
The resolution passed—yeas 50, nays 18.
A call for the yeas and nays was seconded by one-fifth of
the members present.
Mr. Henderson was excused from voting.
Those who voted in the affirmative are:
Messrs. Allison, Amis, A vera, Bernhardt, Barringer, Beall,
Benbury, Berry, Best, Bond, Bnrgin, Carpenter, Cowles,
Craig, Duke, Dunn, Foust, Foy, Glenn, Grissom, Henry of
Bertie, Henry of Henderson, Headen, Hollingsworth, How¬
ard, Horton, Jenkins, Joyner, Keener, Laws, Lyle, Mann of
Pasquotank, McCormick, McKay, Nissen, Parks, Perkins,
Powell, Rhodes, Riddick, Ritter, Robbins, Rogers, Sherwood,
Shober, Smith of Guilford, Wallen, Wellborn, Woodall and
Young of Yancey—50.
Those who voted in the negative are:
Messrs. Cobb, Costner, Crawford, Fleming, Francis, Gas-
kins, George, Harris of Cabarrus, Hawes, Hodges, Kirby,
i Lemmonds, Love, Peebles, Richardson, Rives, Robards and
Stancill—18.
Mr. McCormick introduced a bill, 123, to incorporate the
Fayetteville Kerosene Company. Read first time and passed,
and the rules being suspended, the bill passed its second and
third readings.
Mr. Robards a bill, 124, to incorporate the town of Hicko¬
ry Tavern. Read first time and passed, and, under a sus¬
pension of the rules, passed its second and third readings.
Received from the Senate a message, transmitting the fol¬
lowing bills, which, under a suspension of the rules, passed
their second and third readings:
125, Bill to amend the charter of the Fayetteville Mutual
Insurance Company.
116, Resolution in favor of II. H. Sandlin.
127, Resolution in favor of Druiy King
129, Bill to incorporate Trustees of Orphan's Educational
Fund.
80
HOUSE JOURNAL.
[fessioti
130, Bill to give the Judge holding Courts of Oyer and
Terminer extra pay.
131, Bill to explain an act concerning letters testamentary.
132, Bill to incorporate Miners' Mining and Smelting Com-
pany.
131, Bill to authorize Courts of Oyer and Terminer.
3 35, Bill to punish breaking open of a dwelling house in
the day time.
85, Bill concerning Justices of the Peace in certain coun¬
ties, was passed its second and third readings.
126, Bill concerning Justices in Carteret county. Bead
first time and passed.
128, Bill to release and repay taxes imposed on property
lost, was read first time-and passed.
Beceived* from his Excellency, the Governor, a message,
transmitting an invitation ^from Gen. Whiting, that a com¬
mittee of the Legislature visit the fortifications about Wil¬
mington.
On motion of Mr. Person,
Ordered, That a message be sent to the Senate, proposing
a committed of five on the part of the House, and three on
the part of the Senate, who shall comply with the invitation.
Mr. Joyner introduced a bill, 133, to incorporate the Pen¬
der Monument Association. Bead first time and passed.
On motion, the rules were suspended.
On motion of Mr. Cobb, it was amended by inserting the
name of Henry L. Jovrier among the Corporators.
On motion of Mr. Carter, the name of David Cobb was
also added. The bill then passed its second and third
readings.
Beceived from the Senate a message, declining to agree to
the proposition to appoint a committee to visit the fortifica¬
tions.
Beceived from the Senate a message, transmitting certain
nominations for Justices of the Peace. Laid en the table.
Also a message, transmitting a statement of the Bank of
Lexington. Laid on the table, and ordered to be printed.
1863J
HOUSE JOURNAL.
81
Also a message, transmitting a bill to amend the Revenue
Law, and stating the Senate's disagreement to the amend¬
ments of the House.
On motion of Mr. Amis, the House receded tlrom Its amend¬
ments.
Also a message, transmitting the bill for the organization,
■of the Home Guard, with amendments;; to which the House
agreed.
On motion the House took a recess to 3 o'clock.
Afternoon SESSION, 'SATURDAY, DEC. 12, 1863.
'Ordered, That Messrs. Young of Yancey, and Smith of
Guilford take the places >of Messrs. Drown and Lemmonds,
•on Committee on Enrolled Bills.
The following bills passed their third reading:-.
71, Bill concerning Common Schools.
72, Bill in relation to the crime pf Arson.
>73, Bill to incorporate the N. C. Express Company.
84, Bill to incorporate the Salem & High Point Plankroad
•Corqpany,
88, Bill'concerning the Home Guard.
91, Bill to repeal an act to change the jurisdiction of the
'Courts,'and-alter the rules of pleading therein^ passed 2d Ex-
itra Session of General Assembly, 1861.
Mr. Peebles offered an amendment to strike out all after
*the'exacting clause, and insert aB.ew bill of another charac¬
ter. Not agreed to.
Mr. Eoy moved that i;fc be indefinitely postponed. Not
agreed to—yeas 29, nays 36.
A call for the yeas.a^4tways was seconded by onefifth, of
the members precept.
Those who vo&ed; in. the e are :
Messrs. Bapiflgpr, Cobb, Craw#' rd, Duke, Ple.spj»g, Eoy,
Gaskins, George. Harris of arrus, Hawes, Henderson,
Henry of §prtie, Hpa.den,, !^ ge9, Jbynev, J.adkins, E.irby?j
82
HOUSE JOURNAL.
[Session
Love, McCormick, McKay, McNeill, Peebles, Powell, Rhodes,
Richardson, Ritter, Robards, Russ and Stancill—29.
Those who voted in the negative are :
Messrs. Allison, Avera, Bernhardt, Beall, Benbury, Bei ry,
Best, Bond, Bryan, Durgin, Carpenter, Costner, Craig, Dunn.
Foust, Francis, Gentry, Glenn, Henry of Henderson, Hol-
lingsworth, Howard, Horton, Jenkins, Keener, Mann of Pas¬
quotank, Nissen, Parks, Perkins, Person, Riddick, Robbins,
Sherwood, Smith of Guitford, Wallen, Woodall and Young
of Yancey—36.
The bill then passed its second and third readings—yeas
36, nays 28.
A call for the yeas and nays being seconded by one-fifth
of the members present,
Those who voted in the affirmative are:
Messrs. Allison, Avera, Bernhardt, Beall, Benbury, Berry,
Best, Bond, Bryan, Carpenter, Craig, Dunn, Foust, Francis,
Gentry, Glenn, Henry of Henderson, Hollingsworth, How¬
ard, Horton, Jenkins, Keener, Love, Mann of Pasquotank,
McCormick, McKay, Nissen, Parks, Patterson, Perkins, Rob-
bins, Sherwood, Smith of Guilford, Wallen, Woodall, and
Young of Yaucey—36.
Those who voted in the negative are :
Messrs. Barringer, Cobb, Costner, Crawford, Duke, Flem¬
ing, Foy, Gaskins, George, Harris of Cabarrus, Hawes, Hen¬
derson, Henry of Bertie, Headen, Hodges, Joyner, Judkins,
Peebles, Person, Powell, Rhodes, Richardson, Riddick, Rit¬
ter, Rives, Robards, Smith of Washington and Stancill—28.
The following bills passed their second and third readings:
93, Bill in regard to larceny and robbery.
115, Bill to increase the pay of witnesses and jurors.
11 J, Bill requiring certain Sheriffs to relund money.
Ill, Bill concerning rates of ferriage on a Ferry in New
Hanover.
109, Bill authorizing the Governor to accept the services
of Cherokee Indians.
HOUSE JOURNAL.
83
117, Bill concerning the Raleigh and Gaston Railroad"
Company was indefinitely postponed.
Received from the Senate a message, proposing that the
hour of adjournment of the two Houses on Mondajr, be at 9
A. M. Agreed to.
Also, proposing to amend the title of House bill No. 91.
Agreed to.
78, Bill to provide for holding elections and comparing the
polls in counties within the enemy's lines, was passed its
second and third readings.
Night Session, SATURDAY, Dec. 12, 1863.
Mr. Grissom moved that the committee report and accom¬
panying papers relating to the arrest of W. D. "Wynne, be
sent to the Senate. A motion to lay this motion on the table,
(motion to send papers) was withdrawn.
Mr. Robards moved that the bill to give the Governor cer¬
tain foreign funds, returned to the House by the Senate, be
again transmitted to the Senate. No objection being made,
the bill was so transmitted.
Bill to amend the charter of the town of Charlotte, was
laid on the table.
Thq following bills were laid on the table, to wit:
76, Resolution in favor of John B. Allison.
107, Resolution concerning Cotton Factories.
103, Resolution in favor of B. G. Strickland.
79, Bill in relation to the Wardens of the Poor, in Beau¬
fort county.
112, Resolution relative to transferring State Troops to the
Confederacy.
Mr. Amis, by leave, introduced a bill, 136, for the support
of the military establishment. Read first time and passed.
On motion the rules were suspended, and the bill was read
the second time.
Mr. Francis moved that the bill lay on the table. Not
agreed to.
The bill then passed its second reading—yeas 54, nays 10.
84
HOUSE JOURNAL.
[Session
A call for the yeas and nays was seconded by one-fifth of
the members present.
Those who voted in the affirmative are;
Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Beall,
Benbury, Berry, Best, Bond, Bryan, Burgin, Carpenter, Car¬
ter, Cobb, Costner, Cowles, Crawford, Dunn, Fleming, Foust,
Foy, Gentry, Grissom, Hampton, Harris of Cabarrus, Hawes,
Henderson, Henry of Henderson, Headen, Hollingsworth,
Howard, Horton, Joyner, Judkins, Mann of Pasquotank,
McCormick, McKay, McNeill, Parks, Pearce, Peebles, Per¬
kins, Person, Richardson, Riddick, Rives, Robards, Robbins,
Sherwood, Smith of Washington, Stancill, Wellborn and
Woodall—54.
Those who voted in the negative are:
Messrs. Francis, Henry of Bertie, Jenkins, Keener, Love,
Rhodes, Rnss, Wallen, and Young of Yancey—10.
On motion of Mr. Person, the appropriation was reduced
one-half, (from $3,300,000 to $1,650,000.)
Mr. Person moved to strike out of the bill the appropria¬
tion of $25,000 for the Medical Department. Not agreed
to—yeas 23, nays 40.
A call for the yeas and nays was seconded by one-fifth of
the members present.
Those who voted in the affirmative are:
Messrs. Cobb, Costner, Crawford, Fleming, Foy, Francis,
Gentry, Hampton, Henry of Bertie, Hodges, Hollingsworth,
Howard, Judkins, Keener, Kirbv, Love, Lyle, McNeill, Per¬
son, Powell, Rhodes, Rives and Robards—23.
Those who voted in the negative are :
Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Ben-
bury, Berry, Best, Bond, Bryan, Burgin, Carpenter, Carter,
Cowles, Craig, Duke, Dunn, Glenn, Grissom, Henry of Hen¬
derson, Headen, Horton, Jenkins, Joyner, Mann of Pasquo¬
tank, McCormick, McKay, Parks, Pearce, Perkins, Richard¬
son, Riddick, Robbins, Sherwood, Smith of Guilford, Smith
of Washington, Wallen, Wellborn, and Young of Yancey—40.
The bill was then passed its third reading.
1863.]
HOUSE JOURNAL.
85
Mr. Amis a bill, 137, to provide means for buying cotton.
Read first time and passed, and the rules being suspended,
was passed its second and third readings.
Mr. Amis a bill, 138, to provide against a possible defi¬
ciency in the Treasury. Read first time and passed, and the
rules being suspended, was read the second time.
Mr. Fleming moved to strike out " or Treasury notes, or
both." Not agreed to—yeas 18, nays 42.
A call for the yeas and nays was seconded by one-fifth of
the members present.
Those who voted in the affirmative are:
Messrs. Cobb, Costner, Crawford, Fleming, Foy, Francis,
Gaskins, Harris of Cabarrus, Henry of Bertie, Hodges, Jud-
kins, Love, McKay, Person, Rhodes, Rives, Robards and
Young of Yancey—18.
Those who voted in the negative are:
Messrs. Allison, Amis, Avera, Bernhardt, Beall, Benbury,
Berry, Best, Bond, Bryan, Burgin, Carpenter, Carter, Cowles,
Craig, Duke, Dunn, Foust, Grissom, Hampton, Henry of
Henderson, Headen, Howard, Horton, Keener, Lyle, Mann
of Pasquotank, McCormick, McNeill, Parks, Pearce, Per¬
kins, Richardson, Riddick, Robbins, Sherwood, Shober,
Smith of Guilford, Smith of Washington, Wallen, Wellborn
and Woodall—42.
The bill then passed its second and third readings.
Mr. Amis moved that the House do now go into secret
session. A quorum did not vote on the motion.
Mr. Avera moved for a call of the House. Agreed to.
The Clerk proceeded to call the roll, and the following
members answered to their names:
Messrs. Allison, Amis, Avera, Bernhardt, Beall, Benbury,
Berry, Best, Bond, Bryan, Burgin, Carpenter, Carter, Cobb,
Cowles, Crawford, Duke, Dunn, Fleming, Foust, Foy, Fran¬
cis, Gaskins, Glenn, Grissom, Hampton, Harris of Cabarrus,
Henry of Bertie, Henry of Henderson, Headen, Howard,
Horton, Jenkins, Judkins, Keener, Lo^e, Lyle, Mann of Pas¬
quotank, McCormick, McKay, MpNeill, Nissen, Parks, Per-
86
HOUSE JOURNAL.
[Session
kins,,Person, Rhodes, Richardson, Riddick, Rives, Robards,
Robbins, Sherwood, Shober, Smith of Guilford, Smith of
"Washington, Wallen, Wellborn, Woodall and Young of
Yancey.
And the following did not answer to their names:
Messrs. Albritton, Alford, Barringer, Beam, Bumpass,
Burns, Bynum Carson, Costner, Craig, Davenport, Davis,
Flynt, Greene, Harrison, Hawes, Henderson, Hodges, Hol-
lingsworth, Ingram, Joyner, Kirby, Laws, Logan, Long, Man¬
ning, McRae, Patterson, Pearce, Peebles, Powell, Reynolds,
Ritter, Robinson, Rogers, Russ, Spruill, Stanford, Stancill,
Walser, Watson, Williams, and Young of Iredell.
The following named members had leave of absence, or
had been excused:
Messrs. Gilliam, Grier, Harris of Chatham, Kerner, Lem-
monds, Mann of Hyde, McAden, Russell of Brunswick, Rus¬
sell of Craven, Shepherd, Waddell, Yann and Brown.
On motion of Mr. Robards,
The House adjourned to Monday, 7 o'clock.
MONDAY, December 14, 1863.
The Speaker signed and the House ratified a number of bills.
Mr. McKay presented the following resolution:
Besohied, That the thanks of this House are due, and are
hereby tendered to Hon. R. S. Donnell, for the very able
and impartial manner with which he discharged the duties of
Speaker.
Which was unanimously agreed to.
Mr. Sherwood presented the following :
Besolved, That the House of Commons tenders its thanks
to M. S. Robbins, Esq., for the efficiency and impartiality with
which he administered the duties of Speaker pro tern.
Which was unanimously agreed to.
The, hour having arrived, a message was received from the
Senate, and an answer returned, and the House of Commons
adjourned, to meet again on the 3d Tuesday of May, 1864.
INDEX.
TO
ADJOURNED SESSION. 1863.
PAGE.
ELECTIONS.
Election of Speaker, pro tempore, 8, 4, 5
44 14 Superior Court Judge, 60
YEAS AND NAYS.
Call of the Roll, 4
Vote on a division of the question on Mr. Sherwood's amendment to
an 44 Act in relation to the Militia and a Guard for Home
Defence," 23
Vote on Mr. Brown's amendment to same act, 24
41 44 adjournment, 26
44 44 Mr. Person's amendment to same act, 26
44 44 Mr. George's amendment to same act, ... 30
44 44 reconsideration on Mr. "Walser's amendment to same act,... 31
44 44 strikin^out the preamble to the resolutions in reference to
E. Swanner, 34
44 44 passage of aforenamed resolutions, 34
44 44 resolution relative to the lawless acts of bands of soldiers,.. 38
44 44 Mr. Costner's amendment to bill limiting the production of
cotton and tobacco, 42
44 44 on adjournment, 42
44 44 laying bill limiting production of cotton, &c., on the table, 44
44 44 laying on table bill for relief of citizens of Northampton
County, 46
44 44 bill to amend the ordinance incorporating the Piedmont R. .
R. Company, 49
44 44 bill relative to Public Printer, 51
44 44 Mr. Person's amendment to bill in relation to salaries and
fees, 52
44 44 Mr. Burns' amendment to same, 52
44 44 laying on table resolutions in reference to a repeal of tithing
law, &c., os
ii
INDEX.
PAGE.
Vote on Committee's amendment to bill incorporating Lockville Min¬
ing and Manufacturing Company, 58
" 14 Mr. Carter's amendment to bill to exempt certain officers
and employees of the State from conscription, 61
•' 44 third reading same bill, 62
4< 44 agreement to Senate's amendment to bill for the relief of
wives and families of soldiers, ; 63
44 44 allowing Assistant Clerk of Treasury a fee for registering
bonds, 64
44 44 bill to amend an act entitled 44 Militia," 65
44 44 motion to suspend the rules and put upon its secoud reading,
bill in relation to increasing the Governor's salary, 67
44 44 same bill on its second reading, 68
44 44 Mr. Love's amendment to resolution in reference to re as¬
sembling the Legislature, 68
44 44 passage of same resolutions,. 69
44 44 reconsideration of the vote rejecting bill to amend an act en¬
titled "Militia," 70
44 44 Mr. Person's amendment to same, 71
44 44 passage of bill increasing the Governor's salary, 71
44 44 motion to suspend the rules, and put upon its third reading,
a bill amendatory of 44 an act to change the jurisdiction of the
Courts, and alter the rules of pleading therein," 74
44 44 motion to lay Mr. Henry's motion to send message to Senate
asking return of bill to amend Revenue la^, 75
44 4 4 Mr. Henry's motion, 76
44 44 motion to lay resolutions protesting against system of de¬
tails, &c., on tbe table, 78
44 44 resolution in reference to W. D. Wynne, 79
" 44 motion to indefinitely postpone bill to repeal "an act to
change the jurisdiction of Courts, &c ," 61
44 44 passage of the foregoing bill, 82
44 44 bill for the support of the Military establishment, 84
44 44 striking out appropriation for Medical Department, 84
'• 44 Mr. Fleming's amendment to bill to provide against possible
deficiency in the Treasury, 85
Call of the House, 85
MISCELLANEOUS.
Governor's Message, 7
Mr. A\era's peace resolutions, 17
Mr. Foust's resolutions, 77
.TOIRXAL
OF
THE SENATE
OF THE
GENERAL ASSEMBLY
OF THE
STATE 0E NORTH-CAROLINA,
AT ITS
ADJOURNED SESSION, 1864.
RALEIGH:
W. W. HOLDEN, PRINTER TO THE STATE.
1864.
SENATE JOURNAL.
ADJOURNED SESSION,
1864.
The General Assembly met pursuant to adjournment at
the previous session, in the City of Raleigh, on Tuesday, the
seventeenth day of May, A. D., one thousand eight hundred
and sixty-three.
The Senate was called to order by Mr. Speaker Mebane,
at 11 o'clock A. M.
Prayer by Rev. Dr. Deems.
Upon-a call of the roll the following Senators answered to
their names, to wit;
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Aycock, Bagley, Dixon, Ellis, Faison, Hall, Harriss of Frank¬
lin, Harriss of Rutherford, Iloleman, Jones, Lassiter, Lind¬
say, Neal, Outlaw, Patton, Patrick, Pitchford, Sanders, Simp¬
son, Smith of Anson, Warren and Young.
There was a quorum.
Nathaniel Boyden, Senator elect from the 41st District, in
place of Mr. Ramsay, resigned, and John Berry, Senator
elect from the 30th District, in place of Mr. Graham, resigned,
severally appeared, presented certificates of election, and
qualified according to law.
On motion of Mr. Simpson, a message was sent to the
House of Commons that the Senate is duly organised, and
ready to proceed with the public business. And a message
was received from the House, that they are duly organised, &c.
Another message was sent to the House, on motion of Mr.
4
SENATE JOURNAL.
[Session
Simpson, that the Senate proposes to raise a joint select com¬
mittee of two on the part of each House, to wait upon his
Excellency, the Governor, and inform him of the organiza¬
tion of both branches of the Legislature, and of their readi¬
ness to receive any communication that lie may desire to
make.
A message was received from the House, that they agree
to the foregoing message, and appoint Messrs. Shepherd and
Shober as their branch of the joint select committee. And
the Speaker announced Messrs. Simpson and Jones as the
Senate branch of said committee.
Mr. Jones subsequently reported that the committee ha
waited upon his Excellency, the Governor, and he would re¬
port in writing, at 12 o'clock, M.
Mr. Berry was announced a member of the committee of
Einance, in place of Mr. Graham, resigned.
The Senate adjourned, on motion of Mr. Simpson, until
to-morrow morning, 10 o'clock.
WEDNESDAY, Mat 13, 1SG1.
Prayer by Rev. Mr. Lansdale.
A message was received from the House, that they trans¬
mit the message of his Excellency, the Governor, and accom¬
panying documents, to wit: Report of Public Treasurer, cor¬
respondence of the Governor with the President of the Con¬
federate States, &c., and propose to print twenty copies of
the same for each member of the General Assembly.
Mr. Ellis moved to suspend the further reading ot the doc-
un ents, after the reading had been proceeded with through
the Treasurer's Report, and the correspondence of the Gov¬
ernor with the President of the Confederate States; and it
was agreed to.
The question being on agreeing to the message of the
House, Mr. Young moved to amend by striking out u twenty "
and inserting " five," as the number of copies of the message,
1864.]
SENATE JOURNAL.
5
&c., to be printed ; and it was agreed to, and a message was
sent to the House accordingly.
Mr. Arendell introduced a bill to amend an act entitled
"An act to authorize four Justices of the Peace of Carteret
and Craven counties to appoint a commissioner, and for other
purposes, ratified Decemtfcr 14th, 1863;" which was read
three several times and passed, the rules having been sus¬
pended on his motion.
On motion of Mr. Warren, a message was sent to the
House, that the Senate proposes to raise a joint select com¬
mittee of two on the part of the Senate, and three on the
part of the House, to* consider so much of the Governor's
message as relates to -habeas corpus.
Mr. Boyden moved that a select committee be appointed
to which should be referred so much of the Governor's mes¬
sage as relates to " conscription and exemptions;" which was
agreed to, and the Speaker announced Messrs. Boyden, Pat-
ton, Aycock, Holeman and Pitchford as constituting said
committee.
On motion of Mr. Young, a message was sent to the House,
that the Senate proposes to raise a joint select committee of
two on the part of the Senate, arid three on the part of the
House, to consider so ranch of the Governor's message as re¬
lates to "supplying the indigent families of our soldiers."
Mr. Adams of Guilford introduced a bill to amend an act
■entitled " An act to change the jurisdiction of the Courts,
and the rules of pleading therein," passed at the second ex¬
tra session, 1861; which was read first time, and referred, on
his motion, to the Committee on the Judiciary.
Mr. Matthew-s moved to adjourn until to-morrow morning
10 o'clock.
Mr. Outlaw proposed to amend by striking out " 10 o'clock "
and inserting "11 o'clock;" which was accepted by Mr. Mat¬
thews.
The motion was not agreed to, but the Senate adjourned,
on motion of Mr. Taylor of Chatham, until 10 o'clock to¬
morrow morning.
6
SENATE JOURNAL.
[Session
THURSDAY, May 19,1864.
Prayer by Rev. Mr. Pritcharci.
Messages were received fronr the House of Commons, that
they agree to the amendment made by the Senate to print
five copies of the Governor's message, &c., for each member
of the General Assembly; that they agree to the proposition
to raise a joint select committed on so much of the Gover¬
nor's message as relates to habeas corpus, and appoint Messrs,
Watson, Peebles and Grissom as the House branch of said
committee, and also to the proposition to raise a joint select
committee on so much of the message as relates to supply¬
ing the families of indigent soldiers, and appoint Messrs.
Walser, Love and Perkins as their branch of said committee
The Speaker announced Messrs. Warren and Hall as the
Senate branch of the joint select committee on so much of
the Governor's message as relates to habeas corpus, and
Messrs. Young and Wooley as the Senate branch of the joint
select committee on so much of the Governor's msssage as
relates to supplying the families of indigent soldiers.
A message was received from the House, that they propose
to raise a joint select committee on so much of the Gover¬
nor's message as relates to the importation of goods, and the
late legislation of Congress respecting the same; said com¬
mittee to consist of three on the part of the Senate, and five
on the part of the House of Commons. The Senate agreed
to the message, and the Speaker annouced Messrs. Boyden,
Smith of Anson and Patton as the Senate branch of said
committee.
Mr. Simpson introduced a bill to incorporate the Island
Ford Toll Bridge Company; which was read first time, and
referred, on his motion, to the Committee on Corporations.
Mr. Young introduced a bill to incorporate the Stonewall
Exporting and Importing Company; which was read first
time, and referred, on his motion, to the same committee.
Mr. Hall introduced a resolution extending time to the
sureties on the official bond of W. T. J. Yann, late Sheriff
1864.] SENATE JOURNAL.
7
to collect taxes; which was read three several times under a
suspension of the rule3, by his motion, and passed.
Mr. Bagley introduced a bill transferring causes in Equity,
depending in the Courts of certain counties; which was read
first time, and referred, on his motion, to the Committee on1
the Judiciary.
Mr. Warren introduced a bill to extend the time for com¬
paring the polls for certain counties, and for other purposes;
which was read first time, and referred, on motion of Mr.
Hall, to the same committee.
Mr. Outlaw introduced a bill concerning the per diem and
mileage of the members of the General Assembly during the
present session; which was read first time, when, on his mo¬
tion, the rules were suspended, and the same was read a
second time, amended by filling tlie blank before the Words
"per diem " with the words " thirty dollars," and, as amend¬
ed, passed. And it was read a third time and amended by
Mr. Outlaw's motion, by filling the blank before the words
"for each mile of travel, &c.," with the words "forty cents,"
and, as amended, ordered to be sent to the House of Com¬
mons.
A message was received from the House, that they pro¬
pose to raise a joint select committee of two on the pstrt of
the Senate, and three on the part of the House, to consider
so much of the Governor's message as relates to impress¬
ments. The message was agreed to, and the Speaker an¬
nounced Messrs. Leitch and Sanders as the Senate branch of
said committee.
Engrossed resolution, transmitted from the House, entitled
" Resolution in favor of J. C. Griffith, Sheriff of Caswell
county," was read first time.
Mr. Lassiter moved to^fer.d a message to the House, that
the Senate recommends to be commissioned as Justices of
the Peace for Granville county, Wm. R. Hicks, Jonathan
Osborne and Wm. L. Peace; which was agreed to.
Mr. Matthews introduced a resolution in favor of certain
magistrates in Stokes county; which was read first time, and
8
SENATE •MMmNAL
[Session
referred, on motion ol Mr. Outlaw, t© tlbe Committee on
Propositions and Grievances.
The Senate adjourned until to-molWW morning 10 o'clock,
on motion of Mr. Young.
ERtDAY, Mat 20, 1864.
Mr. Ellis presented a memorial from sundry citizens of the
counties of Bladen and Robeson, praying the passage of an
act to prohibit all persons from making and erecting fish
traps in the Big Swamp in said counties; which was referred
to the Committee on Propositions and Grievances.
The Speaker presented t.wo memorials from citizens of
Randolph county, praying that John H. Hill and John T.
Eeerans be commissioned as Justices of the Peace for said
county ; also, recommendations of Jeremiah S. Bray and Al¬
fred C. Troy, as suitable persons to be commissioned likewise
for said county; and a message was sent to the House, that
the Senate recommends said persons to be commissioned a s
aforesaid.
Mr. Ellis introduced a bill to prevent obstructions in the
Bag Swamp by means of fish traps; which was read first
time, and referred, on motion of Mr. Leitch, to the Commit¬
tee on Propositions and Grievances.
Mr.. Young introduced a bill to amend an act entitled " An
act to incorporate tire Western Plank road Companywhich
was read first time, and referred, on his motion, to the Com¬
mittee on Propositions and Grievances.
Engrossed resolution in favor <# J. C. Griffith, Sheriff of
Caswell county, was read a second time, and referrerd, on
ipotion of Mr. Simpson, to the Committee on Claims.
Messages were received from the House of Commons, that
they agree to the proposition of the Senate, that Jonathan
Osborne, W. L, Peace and Br. W. R. Hicks, be recommend¬
ed to be commissioned as Justices of the Peace for Granville
SENATE JOTtRNAL
9
county; that Messrs. Best, Leathers and R'heindhardt are
their branch of the committee on Enrolled Bills for the week;
that they transmit a report from the Directors of the Institu¬
tion for the Deaf, Dumb and the Blind, and propose to refer
the same to the joint standing committee on that institution,
and the Senate agreed thereto;; that they propose that a joint
■select comtaittee of two on the.part of the Senate, and three
on the part of the House, be 'raised, to enqure what further
legislation is necessary to make effective an act to restore the
'Courts, and'for other purposes, &c., to which the Senate also
agreed ; and the Speaker announced Messrs. Hoke and War¬
ren as the Senate branch of said committee ; that they pro¬
pose that a joint select committee of two on the part of the
Senate, and three on the part of the House be raised, to con¬
sider so much of the Governor's message as relates to the con¬
scription of .persons between the ages of 45 and 50, and 17
and 18 years of age.
On motion of Mr. Boyden, the last message was agreed to,
with an amendment, that the word "exemptions" be in¬
serted after the word " conscription," and further, as proposed
by Mr. Outlaw, and accepted by Mr. Boyden, that said com¬
mittee shall consist of three on the part of each House.
Also, a message was received from the House, that they
^transmit sundry bills and resolutions duly engrossed for the
saction of the Senate.
The same are entitled, and were disposed of as follows,
to wit:
A bill in reference to exemption from taxes.
A bill to amend an act ratified December 13, 1863, and a
resolution in reference to the Public Treasurer; which were
read first time.
A bill in reference to the payment of taxes; which was
read first time, and subsequently taken up, on motion of Mr.
Outlaw, and read a second and third times and passed; and
Resolution directing the Public Treasurer to pay over cer¬
tain moneys to the commissioners of the sinking fund in cer-
10
SENATE JOURNAL.
[Session
tain contingencies; which was read first time and referred,
on motion of Mr. Outlaw, to the Comittee on Finance.
The resolution in reference to the Public Treasure was re¬
ferred to the same committee, on motion of Mr. Outlaw, but
the motion was subsequently reconsidered by his motion;
also, the Speaker announced Messrs. Faison and Taylor of
Chatham, as the Senate branch of the Committee on En¬
rolled Bills for the week.
A message was sent to the House, that the Senate recom¬
mend to be commissioned as Justices of the Peace for their
respective counties, W. S. Rankin of Rockingham, nominated
by Mr. Simpson, and ¥m. J. Mitchell and Turner Wilson of
Bertie, nominated by Mr. Outlaw.
Mr. Patton introduced a resolution in favor of Alexander
Smith of Transylvania county; which was read first time,
.'and referred, on his motion, to the Committee on Proposi¬
tions and Grievances.
Mr. Ellis introduced a resolution to empower the sureties
of Lewis Williamson, late Sheriff of Columbus county, to
collect arrears of taxes; which was read, and referred, on
his motion, to the same committee.
Also, Mr. Ellis introduced this resolution :
Resolved, That when the Legislature adjourns on Saturday
evening next, it do adjourn to meet on Monday next, at 12
o'clock, M., at .
The resolution was read and referred also to the Committee
- on Propositions and Grievances, 011 his motion.
Mr. Adams of Guilford, introduced a bill to punish persons
removing from this State and joining the enemy ; which was
read first time, referred to the Committee on the Judiciary,
and ordered to be printed, on his motion.
Mr. Sharpe introduced a bill to alter the times of holding
the Courts of Law and Equity in the sixth Judicial Circuit;
which was read first time and referred, on his motion, to the
same committee.
Mr. Wright was announced by the Speaker a member of
the Committee on Claims, in place of Mr. Ramsay, resigned.
1864:.]
SENATE JOURNAL.
11
On motion of Mr. Bagley, leave of absence was granted
to Mr. Lindsay until Monday next.
Mr. Smith of Macon, introduced these resolutions which
were read and passed over, to wit:
Resolved, That his Excellency, Z. B. Yance, is justly enti-
titled to the confidence and thanks of this General Assembly,
for the able, faithful and successful manner .in which he has
heretofore discharged, and is now discharging, the compli¬
cated and arduous duties of the Executive office, embarrassed
as it has been by the difficulties growing out of the present
unjust and fiendish war.
Resolved further, That Governor Yaijjce has the most
hearty approval and.cordial sympathy of this General Assem¬
bly, for the firmness and fidelity with which he has uniformly
adhered to our cause of independence and resistance to the
powers brought against us for our subjugation.
Mr. Lindsay introduced a bill to authorize the qualified
voters of any county to vote for members of the General
Assembly in any county in their Congressional Districts,
when they cannot vote in their county by reason of the oc¬
cupation thereof by the public enemy; which was read first
time, and referred, on his motion, to the Committee on the
Judiciary.
The Senate adjourned, on motion of Mr. Outlaw, until to¬
morrow morning, 11 o'clock.
SATURDAY, May 21, 1864.
Prayer by Rev. Mr. Atkinson.
A message was received from the House of Commons, that
they disagree to the proposition of the Senate to amend the
proposition of the House, to raise a joint select committee of
two on the part of the Senate, and three on the part of the
House, to consider so much of the Governor's niessage as re¬
lates to " conscription and exemptions." The Senate insists
12
SENATE JOURNAL.
[Session
upon their amendment that the committee should consist of
" three on the part of each House."
Another message was received from the House, that
Messrs. McKay, Person and McAden, constitute their branch
of the joint select committee to inquire what further legisla¬
tion is necessary to make effective an act to restore the
Courts, and for other purposes.
Also, a message from the House, that they ask the concur¬
rence of the Senate in recommending to be commissioned as
Justices of the Peace for their respective counties, the fol¬
lowing persons, to wit: Anthony Davis of Lenoir; T. D.
Love, Henry Nuft and Hugh 0. McCollum of Bladen; F.
M. Burgess, Wm. Sadler, George Creedle and Benjamin R.
Roper of Hyde; C. F.Young of Yancey; Jesse Bailey, J.
Bartlett and ¥m. IJ. Bailey of Mitchell; R. F. Marlow of
Columbus; Rev. Wm. Church and E. B. Capp of Wilkes;
Benjamin Patrick and Harvey Hill of Beaufort; J. N. Nel¬
son and John King of Guilford; Charles Smathus and Levi
Smathus ot Haywood; John H. Redman and W. S. Culbert
of Iredell; Townley Redfearn of Anson; Robert H. McCall
and Charles Mackey of McDowell; James Reynolds of Rock¬
ingham ; J. M. S. Rogers and J. J. Long of Northampton ;
Thomas T. Maxwell of Davie; Thomas Thompson of Bertie ;
James A. Worth and D. McDugald of Cumberland ; Dixon
Senter and Wm. Parker of Harnett; and Wm. Boudinot, F.
M. Bizzell, W. W. McRacken, John S. Mars, John R. Chad-
wick, R. R. Milliken and George W. Wescott of Brunswick.
The Senate agreed to the message.
Also, a message from the House was received, that they
propose to raise a joint select committee of two on the part of
the Senate, and three on the part of the House, to whom shall
be referred so much of the Governor's message as relates to
correspondence between the Governor and the President of
the Confederate States, in regard to negotiations foy peace.
The Senate agreed theieto, with an amendment proposed by
Mr. Outlaw, that " said committee shall consist of three on
the part of each House."
1864.]
SENATE JOURNAL.
13
A message was sent to the House, that the Senate recom¬
mend to be commissioned as Justices of the Peace for theii
respective counties, the following persons, to wit: Jonathan
Hampton, Smith McCurry, Joseph Taylor and John McFar-
land of Rutherford, nominated by Mr. Ilarriss of Ruthei-
ford; Henry D. Marshburn of New Hanover, nominated by
Mr. Hall; Warren Kilpatrick of Lenoir, nominated by Mr.
Patrick; Win. H. ElliotLand James J. Cannon of Chowan,
nominated by Mr. Bagleyf* Major J. H. Foot and Presley P.
Pace of Wake, nominated by Mr. Jones; and Wm. R. Rob--
erson of Davidson, nominated by Mr. Adams of Davidson.
Mr. Carroway, for the Committee on Corporations, to whom
was referred a bill to incorporate the Stonewall Exporting
and Importing Company, and a bill to incorporate the Island
Ford Toll Bridge Company, reported upon the same, and re¬
commended their passage.
Mr. Wiggins, from the Committee on Finance, to whom
was referred the resolution directing the Treasurer to pay
over certain moneys to the Commissioners of the Sinking
Fund in certain contingencies, reported upon the same, re¬
commending its passage.
Mr. Lassiter, from the Committee on Propositions and
Grievances, to whom was referred the bill to authorize the
securities of Lewis Williamson, late Sheriff of Columbus
county, to collect arrears of taxes, and the bill,to prevent
obstructions in the Big Swamp by means of fish traps, and
the resolution in favor of Alexander Smith of Transylvania
county, reported upon the same, recommending their pas¬
sage.
Mr. Warren, from the Committee on the Judiciary, to
whom was referred the bill to extend the time for comparing
the polls for certain counties and for other purposes, reported
upon the same, recommending its passage. And said bill
was subsequently taken up, on Mr. Warren's motion, and
read a second and third times and passed.
Mr. Warren, from the same committee, reported upon the
14
SENATE JOURNAL.
[Session
bill transferring causes in Equity depending in the Courts of
certain counties, recommending an amendment thereto.
Mr. Murrill, from the Committee on Claims, reported upon
the engrossed resolution in favor of J. C. Griffith, Sheriff of
Caswell county, and recommended its passage.
Mr. Shavpe, for the Judiciary Committee, reported upon
the bill to alter the times of holding the Superior Courts of
Law and Equity in the Sixth Judical Circuit, recommending
an amendment thereto.
Mr. Leitch, for the same committee.^ reported upon the bill
to authorize the qualified voters of any county to vote for
members of the General Assembly in any county in their
Congressional District, when they cannot vote in their county
by reason of the occupation thereof by the public enemy,
and recommended that it do not pass.
Engrossed bills, to wit: a bill to incorporate the Yancey-
ville Female Seminary : a bill to incorporate the Cross Creek
Manufacturing Company ; a bill to incorporate the Fayette-
ville Mill Manufacturing Company in the county of Cumber¬
land, and a bill to incorporate the Trustees of the Soldiers' Fe¬
male Orphan Home, in the county of Forsyth; also en¬
grossed resolution to authorize a distribution of the Revised
Code of this State among the Justices of the Peace who have
not been supplied, were read first time.
Engrossed bill to protect cattle was read first time, when
the rules were suspended, on motion of Mr. Boy den, and it
was read a second time, amended on motion of Mr. Murrill,
by inserting the word " double" before the word "value" in
section third, passed, and read a third time and passed.
Engrossed bill to incorporate the Trustees of the General
Assembly of the Presbyterian Church in the Confederate
States ot America, was read first time, when, on motion of
Mr. Young, the rules were suspended, and the same was read
a second time.
Mr. Boyden moved to amend, by inserting as section 6, as
follows:
Be it further enacted, That the amount of property, real
1864.]
SENATE JOURNAL.
15
add personal, owned and possessed by this corporation, shall
hot at any one time exceed fire hundred thousand dollars.
Mr. Hall moved to amend the amendment by striking out
"five hundred thousand dollars" and inserting "five millions
dollarswhich Mr. 1 >oyden accepted.
Mr. Outlaw moved to amend the amendment, as amended,
by striking out "five millions dollars" and inserting the
words "one million dollars in the State of North-Carolina;"
which was not agreed to, and the amendment was also not
agreed to.
Mr. Boyden now moved to amend, by inserting as Sec. 0,
jBe it further enacted, That this General Assembly reserves
the right to amend the charter hereby granted by restricting
or enlarging its privileges; which was agreed to, and the bill,
as amended, passed, and was read a third time and passed.
The following entitled bills and resolutions transmitted from
the House of Commons as duly enrolled and signed by the
Speaker thereof, were signed also by the Speaker of the Sen¬
ate, to wit:
• An act in reference to the payment of taxes;
An act concerning the per diem and mileage of the mem¬
bers of the General Assembly during its present session ;
An act to amend an act entitled "An act to authorize four
Justices of the Peace of Carteret and Craven counties to ap¬
point a commissioner, and for other purposes, ratified Dec.
14th, 1863;" and
Resolution extending time to the sureties on the official
bond of W. T. J. Yann, late Sheriff, to collect taxes.
The resolutions introduced by Mr. Smith of Macon, on
yesterday, endorsing, &c., the administration of Gov. Yance,
were taken up, and the yeas and nays were asked by him on
the questiorf of their adoption, and one-fifth agreeing,
Those who voted in the affirmative are :
Messrs. Adams of Davidson, Arendall, Aycock, Bagley,
Blount, Boyden, Carroway, Copeland, Ellis, Faison, Harriss
of Franklin, Lassiter, Leitch, Matthews, Murrill, Neal, Out¬
law, Patton, Pitchford, Powell, Sanders, Simpson, Sharpe,
16
SENATE JOURNAL.
[Session'
Smith of Anson, Smith of Macon, Smith of Stanly, Taylor of
Chatham, Taylor of Nash, Warren, Wiggins, Wooley, Wright
and Young—33.
Those who voted in the negative are :
Messrs. Harris of Rutherford an<l: Patrick—2.
So the resolutions were adopted.
Mr. Warren, from the joint select committee on so much
of the Governor's message as relates to "habeas corpus"
made a report, and recommended certain- resolutions.
The report was read and received, and is as follows, to wit:
"The joint select committee to whom were referred so much
of the Governor's message as relates to the act of Congress
suspending the privilege of the writ of habeas corpus, and
certain resolutions introduced in the House of Commons
upon the same subject, have had the same under considera¬
tion. The undersigned, a majority of the committee, enter-
lain the opinion that the act is unconstitutional, unnecessary,-
and dangerous to liberty, and believe it to be the duty of the
General Assembly to protest against it, and to urge its repeal.
They think also, that it is eminently proper to consider in
this connection the leading features of the "act to organize
forces to serve during the war." The former act leaves the.
personal liberty of the citizen without guarantee or protec¬
tion, while the latter asserts a general power in Congress
which affects the freedom and sovereignty of the collective
body of the people, and the very existence of the State gov¬
ernment.
The undersigned, therefore, ask leave to report the accom¬
panying resolutions as ^ substitute for the resolutions referred
to the committee, and recommend their passage,
E. J. WARREN, Chm'n,
EUGENE GRISfpOM,
E. F. WATSON.
The resolutions wrere read, and are as follows, to wit:
Resolved, That while the people of North-Carolina have
ever been and still are anxious to strengthen the administra¬
tion of the Confederate government in every legitimate way,
1864. J
SENATE JOURNAL.
17
and to pfomote the success of the common cause, in order
that we may have a speedy and honorable peace, they view
with deep concern and alarm the repeated and manifest in¬
fractions of the Constitution b}7 the Congress of the Confed¬
erate Stales, and this General Assembly doth, in their name,
protest against such infractions as of pernicious example and
fatal tendency.
Resolved, That the act of the late Congress, entitled " An
act to suspend the privilege of the writ of habeas corpus in
certain cases," violates the fundamental maxim of republican
government which requires a separation of the departments
of power, clothes the Executive with judicial functions which
Congress cannot constitutionally confer even on the judiciary
itself, and sets at naught the most emphatic and solemn guar¬
antees of the Constitution.
Resolved, That this General Assembly, representing the
people of North-Carolina, doth not consent to the sacrifice ot
the vital principles of tree government, in a war carried on
solely to secure and perpetuate them, and doth declare that'
no "conditions of public danger," present or prospective,,
probable or possible, can render the liberties of the people
incompatible with the public safety.
Resolved, That the act of the same Congress, entitled "An
act to organize forces to serve during the war," declaring all'
white men residents of the Confederate States between the
ages of seventeen and fifty to be in the military service, em¬
bracing in its'provisions every State officer in all the depart¬
ments, Executive, Legislative and Judicial,, and subjecting alii
the industrial pursuits of the country-to military supervision
and control, reduces the State governments to mere provin¬
cial administrations, dependent on the grace and favor of
Congress and the Executive, is destructive of State sover¬
eignty, and imports an assertion of the power on the part of
Congress to convert the Confederate- government into a con¬
solidated military despotism.
Resolved, That this General Assembly doth therefore re¬
quest our Senators and Representatives in Congress to us©
2
18 SENATE JOURNAL. [Session
their best -endavors to procure a repeal of tlie first mentioned
act, and such modifications of the second as shall secure the
rights, and preserve the integrity of the States of the Con¬
federacy.
Resolved, That a copy of these resolutions be transmitted
to each of our Senators and Representatives in Congress."!
Mr. Hall presented a minority report, which was read and
received, and is as follows, to wit:
" The undersigned, one of the committee on the part of the
Senate, to whom was referred that portion of the Governor's
message touching the repeal of the act of Congress suspend¬
ing the privilege of the writ of habeas corpus, not concurring
in the views embodied in the resolutions submitted bythe
chairman of that committee, begs leave to submit the follow¬
ing report:
In this, the very crisis of our destiny, when our fate as a
free people hangs trembling in the balance, when every en¬
ergy, every resource, and entire unanimity among our people
is indispensably requisite to hurl back the present gigantic,
iind, as we trust, final assault of the enemy, I deem tbat the
.paramount duty of this Legislature, with a view to our speedy
Independence, is to strengthen the Executive arm, to pruvide
for supplies and reinforcements to the army, and to care for
the wants of the families of our soldiers; and that the intro¬
duction of other subjects of legislation at this time, tending
to question the patriotism and ability of our Confederate
rulers and legislators, leading to debates of a party and po¬
litical character, and enuring to distractions and divisions of
sentiment among our people, is unwise, ill-timed, impolitic,
and fraught with danger to our cause. Nor does he accept
as true, facts stated in the resolutions. He denies the re¬
peated and manifest infractions of the Constitution by the
Congress of the Confederate States, and has yet to be pointed
to a single instance. If reference be made to the acts for
conscription, the anti-substitute law, and the law for impress¬
ments, the answer is, that the Courts of the country are the
only competent tribunals to decide upon the unconstution-
18 64.]
SENATE JOURNAL,
19
ality of these measures; and that by every supreme judicial
tribunal in the States of the Confederacy, in which this ques¬
tion has been tested, these laws have been declared to be
constitutional. Neither does he admit, as stated in the second
resolution, that the act to suspend the privilege of the writ
•of habeas corpus "clothes the Executive with judicial func¬
tions which Congress cannot constitutionally confer even on
the judiciary itself, and set at naught the most emphatic and
solemn guarantees of the Constitution."
The power in Congress to suspend the privilege of the writ
when in cases of invasion or rebellion the public safety may,
in its opinion, require it, is indisputable. If it be contended
that the act in question is unconstitutional for the reason that
it justifies arrests other than upon judical warrants supported
by oath or affirmation, and is in derogation of some of the
other safeguards of personal liberty as engrafted upon our
Bill of Rights and Constitution from the English Magna
Charta and Bill of Rights, the answer is to be found in the
fact that these provisions were meant to apply to a nation at
peace with foreign powers, and in the enjo}rment of domestic
tranquility; and the very grant in (he same instrument, the
Constitution, of the power of Congress to suspend the privi¬
lege of the great writ, carries with it necessarily, and to make
such suspension effectual, the suspension for the time being
of these personal privileges. In times of imminent deadly
peril to the nation, when its very existence is jeoparded, these
ordinary personal privileges must be sacrificed, and are made
subservient and -subordinate to the safety and existence of
the nation and government. The Executive must be author¬
ized to act promptly; and the imperative necessities of the
case, the good of the whole, demand that the ordinary for¬
malities of the law, with its inevitable delay should, for the
crisis, be dispensed with. The suspension of the privilege
of the writ is an extraordinary measure—extra-judicial in its
character, and to be resorted to only in cases of dire emer¬
gency. Its exercise is incompatible with the personal privi¬
leges vouchsafed to the individual in other sections of the
20
SENATE JOURNAL.
[Session
Constitution, and when the emergency arises these personal
privileges must be suspended.
It is indisputable that in England, from whence mainly we
derive our ideas of personal liberty, as embodied in her Bill
of Rights and Magna^Charla, during the many and different
periods in which the privilege of the writ has been suspended,
in the large majority of cases, where arrests were made, they
were made by military authority, or by warrants issuing from
the Home Secretary or other departments of State by order
of the Executive branch of the government, and not by vir¬
tue of judicial warrants supported by oath (ior affirmation.
The undersigned further construes the 3d section of the act
referred to by wTbich the President " shall cause proper offi¬
cers to investigate the cases of all persons arrested," as a pro¬
vision for their benefit, and to ensure them more speedy dis¬
charge if improperly detained, than they could otherwise ob¬
tain in due course of law.
The undersigned submits that if the third resolution means
anything, it means that in no event, nor under any possible
circumstances, can the suspension of the privilege or the writ
of habeas corpus be necessary or justifiable. This impugns
the wisdom of the very framers of our Constitution, for if
such be the case, whence the propriety or necessity of ma¬
king an express provision for its suspension, by conferring
upon Congress the power in certain cases to suspend it?
The undersigned understanding that only such portions of
the Governor's message as referred to the act fuspending the
privilege of the writ of habeas corpus, was referred to the
committee of which he constituted a part, does not feel at
liberty to consider and report upon the subject matter of the
4th Resolution, especially as another committee has been ap¬
pointed to whom that subject was specially referred. But in
order that his position may not be misunderstood, he takes
occasion to deny that the act "to organize forces to serve
during the war" " embraces every State officer in all the de¬
partments, Executive, Legislative and Judicial," for Congress
expressly exempts from its provisions these very officials, be-
3 864.]
SENATE JOURNAL.
21
«;des all others whom the Governor of any State may certify
to be necessary in the administration of the State govern¬
ment. While the constitutionality of the conscription acts
has been affirmed by the Supreme Courts of almost every
State in the Confederacy, it has been denied by no single one,
n,nd he is of opinion* that at this time, while our enemies are
seeking to subjugate and ruin us by sheer force of numbers,
that the organization of a reserve force, composed of those
between 17 and 18, and 45 and 50 years'of age, was emi¬
nently necessary, wise and expedient.
He therefore respectfully submits that, in any event, the
constitutionality of the act to suspend the privilege of the
writ of habeas corpus is a question purely for the Courts.
We sit here as Legislators, not as Judges. Let our Supreme
Court decide, it is its province, not ours ; and any formal
judgment of this Legislature upon that point is an assump¬
tion of power upon its part, is a departure from the exercise
of its legitimate functions, and in the words of one of the
resolutions, " violates the fundamental maxim of republican
government, which requires a separation of the departments
of power." Nor does he deem it incumbent upon this body,
especially at a time like the present, to express by legislative
action any opinion as to the propriety or expediency of the
passage of this act. It was passed by our representatives in
Congress, who were the sole judges of its necessity, and it
was passed by them, as they stated, upon information laid
before them of conditions of public danger, which rendered
their aetion eminently necessary and proper. If its opera¬
tion were confined to our own State only, we might be justi¬
fied in the expression ot an opinion as to its expediency.
But its operation isf co-extensive with the limits of the Con¬
federacy. How are we to know what conditions of danger
existed in Louisiana, Tennessee, or elsewhere? Do we even
know the condition of danger in our own State, upon which
Congress may have been thoroughly and accurately informed ?
How then ean we, in ignorance of the facts and causes upon
22
SENATE JOURNAL.
[Sessioa
which this legislation was based, declare it to have been in¬
expedient and improper?
Finally, the undersigned, though favoring the doctrine of
a strict construction of the Constitution, and zealous in his
devotion to the rights and sovereignty of the States, is una¬
ble, under present circumstances, to foresee the manifold dan¬
gers and perils attending a temporary suspension of the privi¬
lege of the writ of habeas corpus, so graphically portrayed in
the resolutions referred to. He has entire confidence in the
ability, wisdom, moderation and patriotism of our Executive,
the President of the Confederate States, and does not believe
that the power conferred upon him by the act in question
will be wielded by him to individual oppression, or otherwise
than for the internal peace, safety and honor of these Con¬
federate States.
He therefore respectfully recommends the adoption of the
following resolution.
All of which is respectfully submitted :
ELI W. HALL.
Resolved, That in the present critical juncture of our af¬
fairs, it is inexpedient for the Legislature of North-Carolina
to express any opinion upon the recent legislation of Con¬
gress touching the supension of the privilege of the writ of
habeas corpus.
The resolution was read.
The reports and resolutions were ordered to be printed, and
were made the special order for Tuesday next, at 12 o'clock
M., on motion, of Mr Warren.
Mr. Hoke introduced a resolution in relation to State
troops ; which was read, and referred, on his motion, to the
Committee on Military Affairs.
Mr. Patrick introduced a bill in reTation»to> public millers \
which was read, and referred, on his motion, to the Commit¬
tee on Propositions and Grievances.
Mr. Boyden introduced a bill to amend the ordinance pass¬
ed by the State Convention, entitled "An ordinance to in¬
corporate the Piedmont Railroad Company j" which was
1864.]
SENATE JOURNAL.
read, and referred, on motion of Mr. Hall, to the Committee
on Internal Improvement.
On motion of Mr. Smith of Anson, leave of absence was
granted to Mr. Sanders for Monday next.
Mr. Ellis introduced a resolution, to wit:
Resolved, That a message be sent to the House of Com¬
mons, proposing that the two Houses of this General Assem¬
bly do adjourn sine die, this day, at 10 o'clock P. M.
The resolution was read, when Mr. Blount moved to ad¬
journ until Monday morning, 10 o'clock, and the Senate ad¬
journed accordingly.
MONDAY, Mat 23, 1864.
Prayer by Rev. Dr. Craven.
The following Senators asked and obtained leave to record
their votes in the affirmative, upon the resolutions endorsing
the administration of Governor Vance, introduced by Mr.
Smith of Macon, to wit: Messrs. Adams of Guilford, Berry,
Whitford, Holeman, Dixon, Lindsay and Brown.
A message from the House of Commons was received, that
Messrs. Patterson,. McNeill and Ritter are their branch of
the Committee on Enrolled Bills. The Speaker announced
Messrs. Dixon and Patrick as the Senate branch of said com¬
mittee.
Another message was received from the House, that they
propose to raise a joint select committee of two on the part
of the Senate, and three on the part of the House, to take
into consideration a time for the adjournment of the General
Assembly ; which was agreed to, and the Speaker : nnonneed
Messn. Wiggins and Wooley as the committee on the part of
the Senate.
Also a message, that they propose to raise a joint select
committee of two on the part of the Senate, and three on the
part of the House, to consider and report upon the means
necessary to be adopted for the relief of the sufferers by the
24
SENATE JOURNAL] [Session
burning of the town of Washington. The Senate agreed
thereto, and the Speaker annouced Messrs. Hoke and War¬
ren as the committee on the part of the Senate.-
Also a message that they transmit & Communication from
the Auditor of Public Accounts, and propose to print the
same. The Senate agreed thereto.
Also a message, that they transmit a communication from
I). G. Worth,- Salt Commissioner; which was referred, on
motion of Mr< Botdeu,- fd the Committee on Finance, and
ordered to be printed.
The following engrossed bills and resolutions, transmitted
from the House, were disposed of as follows, to wit:
Resoluion exempting State and other officers from con¬
scription ; a bill to tax the coupons on certain State Bonds ;
a hill to amend the charter of the town of Charlotte, passed
at the session, 1860~'61; a bill to allow Alexander J. Hood,
late tax collector of the county of Mecklenburg, further time
to collect taxes, were read first time.
' A resolution of thanks to Major General Hoke, Brigadier
General Ransom and. Commander Cook, was read and
adopted.
A resolution in favor of the sureties of J. C, Smith, late
sheriff of Alexander county, was read three several times
and passed, the rules having been suspended on motion of
Mr. Sharpe.
Mr. Young, from the joint select committee on the Gover¬
nor's message, as it relates to the subject, reported a bill for
the relief of the wives and families of soldiers in the arm}r;
which was read first time, and was ordered to be printed, on
motion of Mr. Outlaw.
Mr. Hoke introduced a bill in relation to distillation of
grain; which was read first time, and referred, on his mo¬
tion, to the Committee on the Judiciary.
Mr. Smith of Macon introduced a resolution of inquiry to
the Committee on Finance in relation to State taxes; which
was adopted.
im.i
SENATE JOURNAL.
25
Mr. Eaison introduced a resolution of thanks to the officers
and soldiers of North-Carolina; which was adopted.
The following bills and resolutions were read a second and
third times and passed, the rules having been suspended, on
motion of Mr. Young, to wit:
Resolution to authorize a distribution of the Revised Code
among the Justices of the Peace who have not been sup¬
plied ;
A bill to amend an act ratified Dec. IB, 1863;
Resolution in reference to the Public Treasurer;
A bill to incorporate the Yanceyville Female Seminary;
A bill to incorporate the Cross Creek Manufacturing Com¬
pany ;
A bill t# incorporate the Trustees of the Soldiers' Female
Orphan Home, in the county of Forsythe;
Resolution in favor <of Alexander Smith of Transylvania
<county:;
Resolution in favor of J. C. Griffith of Caswell county; and
A bill to alter the times of holding the Superior Courts of
Law and Equity in the Sixth Judicial Circuit; which was
amended as proposed by the Judiciary Committee, by stri¬
king out the word "fourth" and inserting the word "last,"
wherever and so often as it occurs in section 1, and by stri¬
king out section 3d, and as amended, passed.
The bill to authorize the qualified voters of any county to
vote for members of the General Assembly in any county in
their Congressional District, when they cannot vote in their
county by reason of the occupation thereof by the public
enemy, was read a second time and rejected.
A oill in reference to exemption from taxes was read a
second time and passed. The same was read a third time,
and, on motion of Mr. Boyden, referred to the Committee
on the Judiciary.
The bill to incorporate the Fayetteville Mill Manufacturing
Company in Cumberland county was read a second time and
passed, when, on motion of Mr. Wright, the rules were sus¬
pended, and the same was read a third time and passed.
26
SENATE JOURNAL.
[Session
The bill to prevent obstructions in the Big Swamp by
means of fish traps, was read a second and third times and
passed, the rules having been suspended, on motion of Mr.
Ellis.
The engrossed resolutions, entitled "Resolutions to be laid
before Congress in reference to the rights of North-Carolina
in the importation of goods," were read three seyeral times
and passed, the rules having been suspended, on motion of
Mr. Outlaw.
The resolution to empower the sureties of Lewis William¬
son, late Sheriff of Columbus county, to collect arrears of
taxes, were read a second and third times and passed, the
rules having been suspended, on motion of Mr. Ellis.
The bill transferring causes in Equity depending in the
Courts of certain counties, was read a second time, amended
. I
as proposed by the Judiciary Committee, by striking out in
line 8 the words " upon due notice to the Justices," and in¬
serting the words " by consent of the parties thereto," and
passed. And said bill was rea^l a third time and passed.
On motion*of Mr. Taylor of Chatham, the resolution in re¬
lation to adjournment, introduced by Mr. Ellis on Saturday,
was laid on the table.
The bill to incorporate the Stonewall Exporting and im¬
porting Company, was read a second and third times and
passed, the rules having been suspended, on motion of Mr.
Young.
The bill to incorporate the Island Ford Toll Bridge Com¬
pany, was read a second time and passed, when the rules were
suspended, on motion of Mr. Simpson, and the same was read'
a third time, amended on motion of Mr. Outlaw, by striking
out in section 1, the words "in perpetuity" and inselling
the words "for thirty years," and, as amended, passed.
Mr. Patton introduced a resolution of inquiry to the Com¬
mittee on Education and the Literary Fund, in relation to the
Cbairmeft of the Boards of Superintendents of Common
Schools; which was adopted. ■ . -
Mr. Sharpe introduced a bill to incorporate the Plaster
1864.]
SENATE JOURNAL.
72
Banks and Salt Works Railroad Company; which was read
first time, and referred, on his motion, to the Committee on
Internal Improvements. Also, a bill to exempt the town po¬
lice of'Statesville from military duty ; which was read first time.
A message was sent to the House, that the Senate recom¬
mend to be commissioned as Justices of the Peace for Cra¬
ven county, J. C. Justice and W. C. Whitford, nominated by
Mr. Whitford.
A message was received from the House, that they agree
to the message of tne Senate, that John H. Hill, John T.
Keerans, Jeremiah S. Bray and alfred C. Troy of Randolph,
W. S. Rankin of Rockingham, and Dr. Turner Wilson and
W. J. Mitchell of Bertie, be recommended to be commis¬
sioned as Justices of the Peace for their respective counties.
Mr. Ellis introduced a bill to repeal an act entitled "An
act in relation to Militia and a guard for Home Defence;"
which was read first time, and referred, on his motion, to the
Committee on Military Affairs. Also a bill to regulate the
payment of drafts on the Treasurer of the Literary Fund;
which was read first time, and referred, on his motion, to the
Committee on Education and the Literary Fund.
Mr. Wright introduced a resolution of inquiry to the Ju¬
diciary Committee ; which was adopted.
The engrossed bill to tax the coupons on certain State
bonds, was read a second time and postponed, on motion of
Mr. Outlaw, until 10£ o'clock to-morrow morning, and was
made the special order for that time.
The Senate adjourned, on motion of Mr. Hoke, until 10
o'clock to-morrow morning.
TUESDAY, May 25, 1864.
Prayer by Rev. Mr. Lansdale.
Mr. Lassiter, from the Committee on Propositions and
Grievances, reported upon the resolution in relation to ad¬
journment, introduced by Mr. Ellis, and- resolution in favor
28
SENATE JOURNAL.
[Session
of certain magistrates of Stokes county, and asked to be dis¬
charged from their further consideration ; and the committee
were so discharged. The latter resolution was subsequently
taken up and read a second time, when, on motion of Mr.
Matthews, it was laid on the table.
Mr. Lassiter also, from the same committee, reported upon
the bill to amend an act entitled " An act to incorporate the
Western Plankroad Company," and recommended a substi¬
tute therefor; also, upon the bill in relation to public mil¬
lers; which was subsequently read a second time, when Mr.
Jones moved to amend by inserting after the word "turn,"
in line 6, "which shall not be more than 2^ bushels;" which
was not agreed to, and passed, under a suspension of the
rules by motion of Mr. Patrick, and it was read a third time
and passed.
Mr. Leitch, from the Committee on Internal Improvement,
reported upon the bill to incorporate the Plaster Banks and
Salt Works Railroad Company, and recommended its passage.
Mr. Taylor of Chatham, for the same committee, reported
upon the bill to amend an ordinance of the Convention, en¬
titled "An ordinance to incorporate the Piedmont Railroad
Company," and recommended its passage. Said bill was
subsequently read second time, and postponed until to-mor¬
row, on motion of Mr. Lassiter.
Mr. Wiggins, from the Committee on Finance, reported
back the communication ofD. G. Worth, Salt Commissioner,
and the same was referred to the Committee on Propositions
and Grievances; also, upon the resolution of inquiry in rela¬
tion to State taxes, and asked to be discharged from its fur¬
ther consideration, and the committee were so discharged.
Mr. Young, from the Committee on Military Affairs, re¬
ported upon the resolution in relation to State troops, and
recommended that it do pass; also, npon the bill to repeal an
act in relation to the Militia and a guard for Home Defence,
&c., and recommended that it do not pass. And the latter
bill was subsequently read a second time and rejected.
Mr. Smith of Macon, introduced a bill to suspend the col-
1864.]
SENATE JOURNAL
29
lection of State taxes in certain counties; which was read
first time. Mr. Smith moved to suspend the rules, in order
that said bill might be read a second time, and it was not
agreed to. But the same was subsequently read a second
time, under a suspension of the rules, when Mr. Murrill
moved to amend by inserting " Onslow," and Mr. llarriss of
Rutherford,^noved to amend the amendment, by adding
" and Rutherford." The bill and amendments were refer¬
red, on motion of Mr. Sliarpe, to the Committee on Finance.
Mr. Murrill introduced a resolution requesting our Sena¬
tors and Representatives in Congress to urge a modification
of the tithing law; which was read three several times and
passed, the rules having been suspended, on his motion.
Mr. Boyden, from the joint select committee on the Gov¬
ernor's message, as it relates to conscription and exemptions,
presented a majority report and resolution recommended,
and a minority report recommending resolutions.
The reports and resolutions were read and ordered to be
printed,, on his motion. The same, together with engrossed
resolutions exempting State and other officers from conscrip¬
tion, which was read a second time and postponed for then,
were made the special order for Thursday next, at 11 o'clock,
on motion of Mr. Outlaw.
The majority report is as follows :
"The select committee to whom was referred so much of
the Governor's message as relates to conscription and exemp¬
tion, have had the same under consideration, and respect¬
fully submit the following report:
The Congress of tlm Confederate States, by an act passed
on the 11th day of. October, 1862, and by a subsequent act
passed on the 1st day of May, 1863, exempted certain per¬
sons from the discharge of military duty, and conferred upon
the Executives of the several States the power to claim the
exemption of all such persons as may be necessary to carry
on the operations of the State governments. The present
General Assembly, at the adjourned session of 1863, passed
an act claiming the exemption of persons and classes of per-
30
SENATE JOURNAL.
[Session
sons enumerated in an act entitled " An act to exempt cer¬
tain persons and empio3Tees of the State from conscription."
Your committee most sincerely lament the necessity of
conscribing persons between seventeen and eighteen, and
forty five and fifty years of age, but do not consider the pre¬
sent to be the proper time or place to decide%ipon the con¬
stitutionality of that measure. ,It is believed that if the gross
abuses of privilege on the part of the various departments
and by railroad and express companies could be corrected,
this painful necessity would probably cease to exist. Your
committee are utterly unable to assign any valid reason for
the exemption of militia or any kind of military officers who
have no men to command, or of Justices of the Peace who
have no judicial duties to discharge. Our mode of appoint¬
ing magistrates is somewhat peculiar, and our practice under
the existing law has almost, if not quite, produced a nuisance.
The employment of so many able-bodied men by the vari¬
ous Railroad and Express Companies, and State and War
Departments is a gross injustice to the brave and devoted
men in the field, who are daily calling for aid to repel the
aggressions of a gigantic and vindictive foe. Shall the no¬
ble-hearted men be suffered to call and to die in vain, while
a man is left at home who can or ought to render aid ? They
have been often told that these various safe and easy posi¬
tions were to be filled by disabled soldiers or men unfit for
field duty. This was a measure alike due and c< mplimenta-
ry to these our defenders, but daily observation forces on us
the conviction that it was a promise made, not to be fulfilled.
The committee do not feel themselves required by their in¬
structions to report a bill or resolution at this time in regard
to railroads and other corporations, although it is believed
that the passage of an act declaring the employment of able-
bodied men, in many of their departments, a criminal offence,
when disabled soldiers and others not liable to conscription
can be procured, would be ifeither ill-timed nor improper.
Ilis Excellency, the Governor, no doubt believing that una¬
nimity of sentiment and action, at this ad-important crisis, is
1864.] SENATE JOURNAL.
31
highly necessary and expedient, has respectfully asked for an
expression of the opinion of the Legislature. In compliance
with this request, the committee beg leave to present the fol¬
lowing resolution, viz:
Resolved, That in the opinion of this Legislature, Militia
and Home Guard officers and Justices of the Peace, within
the conscript age, are not proper •subjects of exemption from
military duty.
All of which is respectfully submitted.
PITCHFORD, ]
AYCOCK, and \ Com."
HOLEMAN, J
The minority report is as follows:
"The minority of the committee upon so mueh of the Gov¬
ernor's message as relates to conscription and exemption, beg
leave to submit the following report:
The act of Congress of the 8:h May, 1792, providing for
the organization of the militia, exempts the President, Vice
President, members of the Senate and of the House of Rep¬
resentatives, and all other necessary officers and employees
of the General Government, and all such other persons as the
several States shall exempt; and an act of 1794 proceeds to
declare and enact who shall be exempt from military service
in the State; and from that day to this it has been the uni¬
form practice of the State to declare and enact what officers
and other persons should be exempted from military service.
The militia is an institution of the States, and an important
and necessary State institution, and cannot, at any period,
with safety, be dispensed with, and more especially at such a
time as Jthis, when bands of armed men, pretending to be
Confederate State troops, are traversing large sections of our
State, robbing and plundering the quiet and peaceable citi¬
zens of all they possess.
Without a militia, and a well organized militia, the State
authorities are wholly at the mercy of the lawless, and these
lawless bands, which now infest the State; and no proposi¬
tion is plainer than this: that if the Confederate States can
32
SENATE JOURNAL.
[Session
demand and place in the regular army of the Confederate
States every citizen in the State capable of bearing arms, and
thus deprive the State of the entire militia force, the States
must exist at the mere grace and favor of the Confederate
government. The minority of the committee maintain that
the General Government does not possess this gigantic power
of conscribing the whole militia of a sovereign State, and
placing them in the regular army of the Confederate States,
and sending them to distant lands to fight the battles of the
Confederacy. Such an assumption of power is wholly incon¬
sistent with the vital and fundamental principles of our sys¬
tem of government, and utterly subversive of all State au¬
thority. In the judgment of the minority of the committee
there is no State institution more strictly and emphatically
guarded against the encroachments of the Confederate gov¬
ernment, than the militia.
Congress may provide for calling forth the militia to exe¬
cute the laws, to suppress insurrections and to repel inva¬
sions. For this, and for no other purpose, can the Confede¬
rate government call them forth ; and in no other service
can the Confederate government require the aid of the mi¬
litia.
It is true that Congress may "provide organizing, arming
and disciplining the militia, and for governing such parts of
them as may be in the service of the Confederate States, re¬
serving to the States respectively the appointment of the
officers, and the authority of training the militia according
to the discipline prescribed bj7 Congress." All this is true,
and is admitted by those who contend that the several acts of
conscription are constitutional; but it is said that this power
of Congress to conscribe the whole militia of the^State, not¬
withstanding the strict manner in which the authority of the
State over the militia is guarded, is derived from the power
" to raise and support armies." Congress can only call forth
the militia in the cases specified, and then they must be un¬
der the Sfate officers; but yet Congress could not demand,
without the consent of the State, every officer and private
1864.] S^frATE JOURNAL. S3
belonging to the militia in the State, and place them in the-
regular army, and send them to distant places beyond the
limits of the State.
The minority of the committee deny the power so destruc¬
tive of all State dignity and all State authority. But the ab¬
surdity of this doctrine does not stop here. In the very clause
in which the words "to raise and support armies" are found,
there is also these words, "but no appropriation of money to
that use shall be for a longer term than two y^lrs." How
absurd to suppose that the Convention that framed the Con¬
stitution, should have been so extremely cautious as to de¬
clare that so far as our property was concerned, that Congress
should not make an appropriation for the support of the army
for a longer period than two years ; and yet, that they vested
in that same Congress the power to seize every man capable
of bearing arms in a State, for life, or for any term of years
they might see fit, and1 send them to distant parts to prose¬
cute a war of conquest. Again1,, if Congress possesses this-
gigantic power, she can call- all her forces from one or more
States, and leave all the miirtia in other States to-pursue their
usual avocations; for there is nothing in the Constitution, as
in the case of taxes, to require the conscription to be uniform
throughout the Confederate States, or to be in proportion to
their representation.
Such, in the opinion of the minority of your committee,
cannot be the true and proper interpretation of the Constitu¬
tion ; and the minority of the committee hold, that to ascer¬
tain what power is granted by the phrases " to raise and sup¬
port armies," we must look to that nation from whom we
have borrowed most of our notions of law, and see what
power the King and Parliament of England claimed and ex¬
ercised in raising and supporting armies ; and also to the
practice of the States during the Revolution, and previous to
the adoption of the federal Constitution, and not to what
power these words would confer upon the French Emperor
or the authorities of Russia, had they been used in their fun¬
damental laws where armies had been raised by conscription.
3
34
SENATE JOURNAL.
[Session
In England, Parliament could vote supplies, and authorize
the King to offer such bounties as to induce his subject^ to
enter the regular army, but they could not compel them by
conscription to enter the regular army. The King could call
forth the militia to execute the laws, to suppress a rebellion,
or to repel an invasion, as may be done here, but this must
be as militia, and in the manner as provided in the Constitu¬
tion, and#under the command of State officers, and not
under Confedenfte officers; this is another means ot raising*
armies in addition to voluntary enlistment. But neither the
King nor the Parliament claimed or exercised the power to«
compel any subject to enter the regular army otherwise than
by voluntary enlistment ^ and this had always been the prac¬
tice here previous to the adoption of the federal Constitution,
and consequently the words to raise and support armies in
that instrument must necessarily be interpreted to raise and
support them in the way and manner they had been raised
in England and in this country, with this important limita¬
tion L-that no appropriation could be made for their support
for a longer period than two years.
In declaring these views of constitutional law, the minority
state that it is with no view, in any manner, to thwart or re¬
tard the operations of the General Government, in prosecu¬
ting to a successful termination the terrible struggle in which*
we are now involved, but for the single purpose of preser¬
ving constitutional principles, which lay at the very founda-
. tion of our system of government, and which cannot be aban¬
doned without converting this Confederacy of free States
into a consolidated military despotism. The minority of the
committee recommend the passage of the following resolu¬
tions, and likewise the passage of an act making liberal ex¬
emptions of persons engaged in necessary mechanical trades,
and in the production of supplies for the army and for the
people at home, and also a bill agreeipg to the acts of con¬
scription as to persons between the ages of 18 and 45.
All which is respectfully submitted:
NATHANIEL BOYDEN,
MONT. PATTON.
1864:.]
SENATE JOURNAL.
315
Resolved, That acts of conscription of the Confederate
Congress, without the consent of the State, are unconstitu¬
tional ; for the reason that they assert and exercise the power,
without the consent of the State or individuals, to conscribe
and place in the regular army, without even the ceremony of
enrollment, every man in the State of proper age for military
duty, and subject them to military law, even before being en¬
rolled and mustered into service of the Confederate States.
Resolved, That it is not only the right, but that it is the
imperative duty of the Legislature, to exempt from military
service all constitutional officers of the State government, but
likewise to exempt other necessary civil and military officers,
and all such other persons whose services in the several em¬
ployments and mechanical trades the Legislature may deem
mote for the advantage of the State and General Govern¬
ment, than they could be in the military service of the State,
or of the Confederacy."
A message was received from the House of Commons, that
they transmit a bill, entitled "A bill for the benefit of the
representatives of deceased soldiers," and a communication
from the Governor in relation thereto; which were read.
Said bill was subsequently read a second time, when Mr.
Boyden moved to amend by striking out all after the enact¬
ing clauge in section second, and inserting "that said agent
Shall have an annual salary of twenty-five hundred dollars, to
be paid in quarterly instalments by the Public Treasurer."
The bill and amendment proposed were referred; on motion
of Mr. Leiteh, to the Committee on Military Affairs.
Mr. Bovden introduced a bill to amend the fifth section of
oi an act entitled "An act to restore the Courts and for other
purposes, ratified 14th December, 1863;" which was read
three several times and passed, the rules having been sus¬
pended, on his motion.
The bill to tax the coupons in certain State bonds being
the special order for 10£ o'clock, was read a second time and
rejected.
Messages were received from the House, that they transmit
36
SENATE JOURNAL.
[Session
the report of Jackson Johnson, Esq., commissioner, to make
settlement with Jacob Siler, agent of the State for the collec¬
tion of Cherokee bonds, with a proposition to print, and refer
the same to the Joint Standing Committee on Cherokee
Lands and Western Turnpikes; which was agreed to; that
they recommend to be commissioned as Justices of the Peace
for their respective counties the following persons, to wit:
L. A. Paschall of Granville, Thomas B. Hill of Orange, Wm,
S. Webster, Orpheus S. Hanner and Samuel S. Crutchfield
of Chatham, to which the Senate also agreed.
Also, a message that they agree to the amendments made
by the Senate to the bills entitled "A bill to protect cattle,"
.and "A bill to incorporate the Trustees of the General As¬
sembly of the Presbyterian Church in the Confederate States
of America;" and said bills are ordered to be enrolled.
Another message was received from the House, that they
transmit certain engrossed bills and resolutions for the action
of the Senate, which were disposed of as follows, to wit:
A bill to amend an act to restore the Courts and for other
purposes. Read first time, and rules suspended on motion of
Mr. Wright, and read second and third times and passed.
Resolution in favor of H. B. Heaver, late tax collector of
the Qounty of Madison. Read three several times and passed,
the rules having been suspended, on motion of Mr. Ellis.
A bill to amend act ratified December 17th, 1862, entitled
" An act to prohibit the distillation of spirituous liquor."
Read three several times and passed.
A bill to authorize the County Court of Watauga county
to sell the old jail in the town of Boone;
A bill to legalize the proceedings of the County Court of
Davie in laying the taxes for the year 1864;
A bill to enlarge the powers of the commissioners of the
town of Wilmington;
A bill to authorize the Justices of any county to meet in
special term and levy taxes;
A bill to incorporate the Cape Fear Lodge of A* Y. Ma¬
sons, No. 194, in Elizabeth town, Bladen county;
1864]
SENATE JOURNAL.
37
A bill in favor.of John A. Long, and Resolution concern¬
ing the listing and collecting of taxes in Watauga county,
were read three several times and passed, under a suspension
of the rules.
The engrossed bill to amend the charter of the town of
Charlotte, was read a second and third times and passed.
Mr. Wiggins, from the joint select committee on adjourn¬
ment, reported verbally that the committee recommend that
the two Houses do adjourn sine die, on Monday next, at 5
o'clock, A. M.
The special order for 12 o'clock was postponed until to¬
morrow 11 o'clock, A. M., on motion of Mr. Lassiter.
The bill to exempt the town police of Statesville from mil¬
itary duty was read a second time, and referred to the Com¬
mittee on Military Affairs, on motion of Mr. Outlaw.
Mr. Woolev introduced a resolution in favor of the Speakers?
Clerks and Doorkeepers; which was read three several times
and passed.
The engrossed bill to allow Alexander J. Hood, late tax
collector of the county of Mecklenburg to collect arrears of
taxes, was read a second and third times and passed.
Mr. Ellis introduced a resolution concerning the acts of
Congress; which was read three several times and passed.
The Senate adjourned until 10 o'clock to-morrow morning,
on motion of Mr. Arendell.
WEDNESDAY, May 25, 1864.
Prayer by Rev. Dr. Craven.
A message was received from the House of Commons, that
they transmit a resolution adopted by them, to wit:
Resolved, That the General Assembly do adjourn, sine die,
on Monday, the 30th inst., at 5 o'clock, A. M.
The resolution was read, and Mr. Ellis moved to amend by
striking out " Monday, the 30th inst., at 5 o'clock, A. M.,"
38
SENATE JOURNAL.
[Session
find-inserting "Friday evening, 10 o'clock which was not
agreed to.
Mr. Young moved to lay on the table, and it was not agreed
to. The resolution was adopted.
Mr. Leitch, for the Committee on the Judiciary, reported
upon the bill in reference to exemption from taxes, and re¬
commended its passage.
Mr. Wright, for the same committee, reported, in pursu¬
ance of a resolution of inquiry in relation to the subject, a
resolution in relation to the acts regulating the salaries of the
Circuit Judges ; which was read first time.
Mr. Warren, from the same committee, reported upon the
bill to punish persons removing from the State and joining
the enemy, and recommended that it do not pass.
Mr. Faison, for the Committee on Finance, reported upon
the bill to suspend the collection of State taxes in certain
counties, with the amendments proposed, and recommended
the passage of the bill without the proposed amendments.
Said bill was subsequently taken up, and read a second time.
Mr. Arendell moved to amend, by inserting Carteret and
Jones counties; and it was not agreed to.
Mr. Warren moved to amend, by inserting "Beaufort
countywhich was agreed to.
Mr. Boyden moved to amend, by adding " and all the rest
ef the counties of the State," when Mr. Sharpe moved to lay
on the table; which latter motion prevailed.
Mr. Lassiter introduced a resolution authorizing the Pub¬
lic Treasurer to issue circulars to the Sheriffs of the several
counties of the ^ate, in certain contingencies, requiring
them to suspend the collection of taxes due October next;
which was read, and referred, on motion of Mr. Hoke, to the
Committee on Finance.
Mr. Sharpe, for the Judiciary Committee, reported upon
the bill in relation to the distillation of grain, and recom¬
mended a substitute by way of amendment therefor; which
was read.
Mr. Smith of Macon introduced a bill to amend the charter
1864.] SENATE JOURNAL.
30
of the Lockville Mining and Mannfacturing Company; which
was read first time, and referred, on his motion, to the Com¬
mittee on Corporations.
Mr. Wright introduced a bill in relation to salaries and
fees; which was read first time, and referred, on his motion,
to the Committee on the Judiciary.
Mr. Patrick introduced a bill to exempt the Mayor aud
Commissioners of the town of Kinston from military service
and conscription ; which was read first time, and referred, on
motion of Mr. Hoke, to the Committee on Military Affairs.
Mr. Blount introduced a resolution authorizing the Gover¬
nor to employ a commissioner to collect statistical information
in regard to North-Carolina troops, &c.; which was read first
time.
The bill to amend an act entitled " An act to incorporate
the Western Plankroad Company," was read a second time,
when Mr. Young moved t<^ amend by inserting in section 1,
after the word " changing," the words " the first clause of
said section and," and by striking out the words of section 2
after the enacting clause to the words " tolls, vizand insert¬
ing these words, " that the said Plankroad Company is here¬
by authorized to erect toll gates at their bridge across tlfe Ca¬
tawba river, and from all persons who may cross said bridge,,
may require the following tolls, viz:"
The amendment was agreed to. The substitute as amend¬
ed was adopted, and the bill, as amended, passed.
The hour of 11 o'clock having arrived, the special order
being the resolutions recommended by the joint select Com¬
mittee on so much of the Governor's message as relates to
habeas corpus, was taken up.
The question being on stiiking out all after the word "Re¬
solved" in the first of the resolutions, as recommended by
the majority of the committee, and inserting the words of
the resolution recommended by the minority of said commit¬
tee, Mr. Hall asked the yeas and nays thereon, and one-fifth
agreeing,
Those who voted in the affirmative are:
40'
SENATE JOURNAL.
[Session
Messrs. Aycock, Carroway, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of Franklin, Hoke, Holeraan, Lindsay,
Outlaw, Pitchford, Powell, Simpson, Smith, of An§on and
Young—17.
Those who voted in the negative are :
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Barry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews, Murrill, Neal, Pat-
ton, Patrick, Sanders, Sliarpe, Slaughter, Smith of Macon,
Smith of Stanly, Taylor of Chatham, Warren, Whitford,
Wiggins, Wooley and Wright—28.
So the amendment was rejected.
Mr. Outlaw moved to adjourn until 10 o'clock to-morrow
morning. Mr. Hall moved to amend by striking out "10
o'clock to-morrow morning" and inserting " 3-| o'clock this
afternoon which was agreed to^ The motion, as amended,
was agreed to, and the Senate adjourned accordingly.
WEDNESDAY Afternoon, O'clock, Mat 25,1864.
The following bills and resolutions transmitted from the
House of Commons as duly enrolled and signed by the
Speaker thereof, were signed also by the Speaker of the
Senate, to wit:
Resolution in favor of J. C. Griffith, Sheriff of Caswell
county;
Resolution authorizing a distribution of the Revised Code
of this State among the Justices of the Peace who have not
been supplied;
An act to amend an act ratified the 13th December, 1863,
entitled " An act making appropriations for the military es¬
tablishment of the State
An act to incorporate the Fayetteville Mill Manufacturing
Company in the county of Cumberland;
A resolution in reference to the Public Treasurer;
An act to incorporate the Yanceyville Female Seminary i
1864.]
SENATE JOURNAL.
41
An act to incorporate the Cross Creek Manufacturing Conr-
pany; ^ ,
. An act to incorporate the Trustees of the Soldiers' Female
Orphan Home in Forsyth county;
Resolutions to be laid before Congress in reference to the
rights of North-Carolina in the importation of goods ;
Resolution of thanks to Major General Hoke, Brigadier
General Ransom and Commander Cook; and
Resolution in favor of the sureties of J. C. Smith, late
Sheriff of Alexander county.
* A message was received from the House of Commons, that
they transmit for the action of the Senate engrossed resolu¬
tions entitled " Resolutions concerning certain acts of the
late Congress of the Confederate States."
The resolutions were read, and they are those under con¬
sideration in the Senate with the words "repeated and mani¬
fest" stricken out, and the word "every" inserted before the
words " infraction of the Constitution," in the first resolution.
The resolutions pending on adjournment were laid on the
table on motion of Mr. Bovden, and the question being on
the adoption of the resolutions transmitted from the House
of Commons, Mr. Copeland moved to amend by striking out
all after the word " Resolved," and inserting as follows,
to wit:
"Whereas, The late law of Congress suspending the writ
of habeas corpus has occasioned much concern in this an<d
other States, both as to its constitutionality and expediency ;
and whereas, the Governor has called the attention of the
Legislature to this subject in his recent message; and where¬
as, no judicial decision has been made by the Courts of this
State touching the constitutionality of the law; and whereas,
it is more the province of Congress than of the Legislature
to judge of the expediency of the same; now, therefore,
Resolved^ That in the opinion of this Legislature it is most
wise and prudent to leave the whole matter with Congress,
requesting that our Senators and Representatves will give it
their early and serious attention, and go for a modification or
42
SENATE JOURNAL.
[Session
repeal of the la#;, if in their judgment it is compatible with
the public safety, and necessary to the protection of personal
rights."
Mr. Outlaw moved to adjourn until 10 o'clock to-morrow
morning, and it was not agreed to.
Mr. Outlaw now moved to adjourn until 9 o clock and
asked the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Berry, Carroway, Copeland, Dickson, Ellis, Faison,
Hall, Harriss of Franklin, Hoke, Holeman, Mnrrill, Outlaw,
Pitchford, Powell, Sharpe, Smith of Stanly, Whitford, Wig¬
gins and Wright—19.
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Aycock, Blount, Brown, Harris of Rutherford, Jones, Lassi-
ter, Leitch, Matthews, Neal, Patton, Patrick, Sanders, Slaugh¬
ter, Smith of Anson, Smith of Macon, Taylor of Chatham,
Warren and Wooley—20.
So the motion did not prevail.
After discussion Mr. Wiggins moved to adjourn until 9
o'clock to-morrow morning. Mr. Mnrrill moved to amend,
by striking out "9" and inserting " 8which was not
agreed to.
Mr. Wiggins' motion was agreed to, and the Senate ad¬
journed accordingly until 9 o'clock to-morrow morning.
THURSDAY, Mat 26, 1864.
Mr. Wiggins, from the Committee, on Finance, reported
upon the resolution authorizing the Public Treasurer to issue
circulars to the Sheriffs of the several counties of the State,
requiring them not to collect, in certain contingencies, the
taxes due 1st October next, and recommended that it do not
pass.
Mr. Wright, for the Committee on the Judiciary, report-
1864:.]
SENATE JOURNAL.
43
ed upon tlie bill in relation to srlaries and fees, and recom¬
mended its passage.
The question being on the adoption of the amendment
proposed by Mr. Copeland to the resolutions pending on the
adjournment of the Senate, Mr. Wiggins asked thereon the
yeas and nays, and ohe-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Ay cock, Carroway, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of Franklin, Hoke, Holeman, Lindsay,
Murrill, Outlaw, Pitchford, Powell, Simpson, Smith of Anson,
Whitford, Wiggins and Young—20.
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Berry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews, Neal, Patton, Pa¬
trick, Sanders, Sharpe, Slaughter, Smith of Macon, Smith of
Stanly, Taylor of Chatham, Warren, Wooley and Wright—25.
So the amendment was rejected.
The question now being on the adoption of the original
resolutions, Mr. Wiggins called for a division of the question,
and thereon asked the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Aycock, Carroway, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of Franklin, Hoke, Holeman, Lindsay,
Murrill, Outlaw, Pitchford, Powell, Simpson, Smith of A a -
son, Whitford, Wiggins Wright and Young—21.
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Berry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews, Neal, Patton, Pa¬
trick, Sanders, Sharpe, Slaughter, Smith of Macon, Smith of
Stanly, Taylor of Chatham, Warren and Wooley—24.
So the Senate refused to allow the question to be divided.
Mr. Wiggins moved to strike out the fourth resolution, and
thereon asked the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
44
SENATE JOURNAL.
[Session
Messrs. Aycock, Carroway, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of.Franklin, Hoke, Holeman, Lindsay,
Outlaw, Pitchford, Powell, Simpson, Smith of Anson, Whit-
ford, Wiggins, Wright and Tonng—20.
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Berry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews, Murrill, Neal, Pat-
ton, Patrick, Sanders, Sharpe, Slaughter, Smith of Macon,
Smith of Stanly, Taylor of Chatham, Warren and Wooley—25.
So the Senate refused to strike out.
Mr. Murrill moved to strike out in the fourth resolution,
line 4, all after the word " them," and thereon Mr. Adams of
Davidson, asked the yeas and nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Aycock, Carroway, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of Franklin, Hoke, Holeman, Lindsay, Mur¬
rill, Outlaw, Pitchford, Powell, Simpson, Smith of Anson,
Whitford, Wiggins and Young—20.
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Berry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews, Neal, Patton, Patrick,
Sanders. Sharpe, Slaughter, Smith of Macon, Smith of Stanly,
Taylor of Chatham, Warren, Wooley and Wright—25.
So the motion was not agreed to.
The question recurring on the adoption of the original res¬
olutions, Mr. Warren asked the yeas and nays thereon, and
one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Berry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews, Murrill, Neal, Pat-
ton, Patrick, Sanders, Sharpe, Slaughter, Smith of Macofi,
Smith of Stanly, Taylor of Chatham, Warren, Wooley and
Wright—26.
1864.]
SENATE JOURNAL.
45
Those who voted in the negative are: ,
Messrs. Aycock, Carroway, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of Franklin, Iloke, Holeman, Lindsay,
Outlaw, Pitchford, Powell, Simpson, Smith of Anson, "Whit-
ford, Wiggins and Young—19.
So the resolutions were adopted.
Mr. Lassiter moved to re-ponsider the vote just had, and
Mr. Arendell moved to lay that motion on the table, and it
was so agreed.
Mr. Leitch, from the Committee on Education and the Lit¬
erary Fund, reported, in pursuance of a resolution of inquiry
in relation to the subject, a bill to authorize the Chairmen of
the Boards of Superintendents of Common Schools of the
several counties of the State, who have invested the funds in
their hands in Confederate State bonds, to sell said bonds,
and distribute the proceeds among the districts of their res¬
pective counties entitled to receive the same, and recom¬
mended its passage; also, upon the bill to regulate the pay¬
ment of drafts on the Treasurer of the Literary Fund, and
recommended that it do not pass.
Mr. Young, from the Committee on Military Affairs, re¬
ported upon the bill to exempt the town police of Statesville
from military duty, and the bill to exempt the Mayor and
Commissioners of the town of Kinston from military service
and conscription, and recommended that they do not pass;
also, upon the bill for the benefit of the representatives of
deceased soldiers, recommending amendments thereto, and
upon the resolution in reference to the military organization
known as "Mallett's Battalion," and recommended its pas¬
sage.
An engrossed bill transmitted from the House of Commons,
entitled "A bill to amend an ordinance of the Convention,
entitled ' An ordinance to secure to certain officers and sol¬
diers the right to vote,'" was read first time.
A message was received from the House of Commons, that
they transmit a message from his, Excellency, the Governor,
together with a statement of the Adjutant General, and a re-
SENATE JOURNAL.
[Session
port of the Board convened to assess damages done to pri¬
vate property in the erection of fortifications around the city
of Raleigh. The message, statement and report were refer¬
red to the Committee on Claims, on motion of Mr. Wooley.
Mr. Young introduced a bill to incorporate the Raiiroad
Exporting and Importing Company; which was read first
time, and referred, on his motion, to the Committee on Inter¬
nal Improvements.
Mr. Hoke introduced a resolution, to wit:
Resolved, That the Governor be requested to report to the
General Assembly, at as early a day as practicable, what dis¬
position has been made of the funds appropriated by this Le¬
gislature at its first session, by an act entitled " An act for
the relief of our sick and wounded soldiers :" and that he
further report in full the hospital accommodations furnished
in Richmond or elsewhere in Virginia, and the way side hos¬
pitals erected in our State or elsewhere, with the number of
officers and employees employed in this connection by the
Department of the Surgeon General of this State."
The resolution was adopted.
■ The following engrossed bills and resolutions, transmitted
from the House of Commons, were read first time, to wit:
Resolution in favor of Thomas S. Kennedy;
A bill to incorporate the Mecklenburg Iron and Steel Com¬
pany;
. Resolution in favor of J. S. Montgomery;
A bill authorizing the Justices of Caswell county to regu¬
late the clearing out of Moore's creek, in said county;
A bill to amend an act entitled " An act to charter the
Shelby and Broad River Railroad Company;"
Also, resolution in favor of harmony and co-operation;
which was read and adopted; and
A bill concerning the North-Carolina Institution for the
Deaf and Dumb and the Blind ; which was read first time,
and re-committed to the Joint Standing Committee on said
Institution. Mr. Arendell having previously moved to bus-
1864.]
SEXATE JOURNAL.
,47
pend the rules, in order that the bill might be read a second
time, and it not having been agreed to,
Mr. Outlaw introduced a resolution which was adopted,
to wit:
Resolved, That the Adjutant General be directed to com¬
municate to this House any order or orders which he may
have issued to Col. James Hinton, in relation to arresting or
ordering to his camp at Weldon, persons in the first Con¬
gressional District subject to conscription under the several
acts of Congress on that subject.
Mr. Patrick introduced a resolution in favor of Asa Jones
and Bright Barfield; which was read, and referred, on mo¬
tion of Mr. Hoke, to the Committee on Claims.
The following entitled bills and resolutions, transmitted
from the House of Commons, duly enrolled and signed by
the Speaker thereof, were signed by the Speaker of the Sen¬
ate, to wit:
An act in favor of John A. Long;
An act to legalize the proceedings of the County Court of
Davie in laying the taxes for the year 1864; .
An act to amend an act to restore the Courts and for other
purposes;
An act to incorporate the Trustees of the General Assem¬
bly of the Presbyterian Church in the Confederate States of
America;
An act to amend an act ratified on the 17th day of De¬
cember, 1862, entitled "An act to prohibit the distillation of
spirituous liquors;"
An act to enlarge the powers of the Commissioners of the
town of Wilmington;
An act to incorporate the Cape Fear Lodge of A. Y. Ma¬
sons, Xo. 194, in Elizabethtown, Bladen county;
An act to protect cattle ;
An act to authorize the County Court of Watauga county
to sell the old jail in the town of Boone ;
An act to allow Alexander J. Hood, late tax collector of
the county of Mecklenburg, further time to collect taxes;
48
SENATE JOURNAL. [Session
Resolution concerning the listing and collection of taxes in
Watauga county; and
Resolution in favor of H. B. Deaver, late tax collector for
the county of Madison.
Mr. Sharpe moved tp make the resolutions exempting State
and other officers from conscription, the special order for 4
o'clock this afternoon.
Mr. Outlaw moved to amend by striking out " 4 o'clock
this afternoon," and inserting " 10 o'clock to-morrow mor¬
ning which was not agreed to. The motion of Mr. Sharpe
was agreed to.
Mr. Brown moved that when the Senate will adjourn to¬
day, it shall adjourn to meet at 4 o'clock this afternoon ;
which was agreed to.
Resolutions in relation to adjournment were read a second
time, and were laid on the table, on motion of Mr. Lassiter.
The bill to incorporate the Plaster Banks' and Salt Works'
Railroad Company was read a second time and passed, when,
on motion of Mr. Sharpe, the rules were suspended, and it
was read a third time and passed.
The bill to punish persons removing from the State and
joining the enemy, was read a second time and rejected.
The Senate adjourned, on motion of Mr. Wiggins.
THURSDAY Afternoon, 4 O'clock, May 26, 1864.
The special order was postponed on motion of Mr. Ellis,
in order to take up and consider the resolution in reference to
the military organization known as "Mallett's Battalion;"
which was read.
Mr. Hoke moved to amend, by striking out the last clause
of section 1, and inserting this proviso:
Provided, That the men of each company shall have the
right to elect their company officers, and the field officers
shall be elected by the company officers.
The amendment was- agreed to, and. the resolution, as
amended, was adopted.
1861]
SENATE JOURNAL.
.49
On motion of Mr. Outlaw, the Senate agreed to suspend
the rule which requires all hills, resolutions, <§c., to lie over
•one day before being sent to the House of Commons.
The special order being the resolutions exempting State
and other officers from conscription, was read a second time.
Mr. Young moved to amend, by inserting after the wofd
•"thereof" in line 9, these words, "except so many of the
•officers of the Militia and the Home Guard, Justices of the
■Peace, Constables, and other persons hereby declared enti¬
tled to exemption, under .the age of forty-five years, as the
•Governor-shall deem unnecessary for the efficient administra¬
tion of the State Government."
Mr. Outlaw moved to postpone, in order to take up and
snake the special order for to-morrow, 11 o'clock, the bill for
the relief of the wives and families of soldiers in the army;
which -was not agreed to. But, subsequently, said bill was
■made the special order for to-morrow, 10 o'clock, on Mr.
Outlaw's motion.
The question recurring on the passage of the resolution
under consideration, Mr. Hoke called for a division of the
question, and thereon Mr. Carroway asked the yeas and nays,
and one-fifth agreeing,
Those who voted in the affirmative are :
Messrs. Aycock, Carroway, Dickson, Ellis, Faison, Harriss
•of Franklin, Hoke, Iloleman, Murriil, Outlaw, Pitchford,
Powell, Smith of Stanly, Whitford and YouDg—15.
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell, •
Bagley, Berry, Blount, Boyd en, Brown, Cop eland, Harris of
Rutherford, Jones, Lassiter. Leitch, Matthews, Neal, Patton,
Patrick, Sanders, Simpson, Slaughter, Smith of Anson,
Smith of Macon, Taylor of Chatham, Warren, Wooley and
Wright—26!
So the Senate refused to divide the question.
The question being dn the adoption of the amendment pro¬
posed by Mr. Young, Mr. Outlaw asked thereon the yeas and
nays, and one-fifth agreeing,
4
50
SENATE JOURNAL.
[Session
Those wlio voted in the affirmative are:
Messrs. Aycock, Carroway, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of Franklin, Hoke, Hoi em an, Outlaw,
Pitehford, Powell, Smith of Anson, Smith of Stanly, Whit-
fqrd, Wiggins and Young—18.
Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Bei ry, Blount, Boy den,-Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews, Mnrrill, Neal, Pat-
ton, Patrick, Sanders, Simpson, Slaughter, Smith of Macon,
Taylor of Chatham, Warren, Wop-ley and Wright—25.
.So the amendment was rejected.
Mr. Outlaw moved to amend, by striking out the preamble
and inserting- as follows, to wit:
"Whekeas, The Governor has asked the advice of this
General Assembly in regard to the officers necessary to the
due administration of the State government.1'
And thereon asked the yeas and n-ays, and one-fifth
agreeing,
Those who voted in the affirmative are;
Messrs. Aycock, Carroway,, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of Franklin, Hoke, Holeman, Murrill, Out¬
law, Pitehford, Powell, Smith of Stanly, Whit ford and
Young—17.
.Those who voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Berry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews, Neal, Patton, Pa¬
trick, Sanders, Simpson, Slaughter, Smith of Anson, Smith of
Macon, Taylor of Chatham, Warren, Wooley and Wright—25.
So the amendment was rejected,
Mr. Iloke moved to add the following proviso: u Providedt
Militia officers shall not be exempt,"
And thereon asked the yeas and nays, and one-fifth
agreeing,
'those who voted in the affirmative are:
Messrs. Aycook, Carroway? Copeland, Dickson, Ellis^ Fai-
1864]
SENATE JOURNAL.
51
son, Hall, Ilarriss of Franklin, Hoke, Holeman, Murrill, Out¬
law, Pitchford, Powell, Smith of Anson, ■ Whitford, Wiggins
and Young—18.
Those w!io voted in the negative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Berry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews, Neal, Patton, Pa¬
trick, Sanders, Simpson, Sharpe, Slaughter, Smith of Macon,
Taylor of Chatham, Warren, Wooley and Wright—25.
So the amendment was not agreed to.
Mr. Hoke again moved to amend, by adding this proviso:
" Provided, That Constables, County Solicitors and Home
Guard officers shall aot be exempt,"
And thereon asked the yeas and nays, and one-fifth
agreeing,
Those who voted in the affirmative are:
Messrs. Aycock, Carroway, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of Franklin, Hoke, Iloleman, Muirill, Out¬
law, Pitchford, Powell, Smith of Anson, Whitford, Wiggins
and Young—18.
Those who voted in the negative are:
Messrs, Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Berry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, -Lassiter, Leitch, Matthews, Neal, Patton, Pa¬
trick, Sanders, Simpson, Sharpe, Slaughter, Smith of Macon,
Taylor of Chatham, Warren, Wooley and Wright—25.
So the amendment was rejected.
The question being on the passage of the original resolu¬
tion on its second reading, Mr. Outlaw asked the yeas and
nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Berry, Blount, Boyden, Brown, Harris of Ruther¬
ford, Jones, Lassiter, Leitch, Matthews,--Neal, Patton, Pa¬
trick, Sanders, Simpson, Sharpe, Slaughter, Smith of Macon,
Smith of Stanly, Taylor of'Chatham, Warren, Wooley and
Wright—26.
52
SENATE JOURNAL.
[Session
Those who voted in the negative are:
Messrs. Aycock, C irroway, Copeland, Dickson, Ellis, Fai-
son, Hall, Harriss of Franklin, Hoke, Holeman, Murrifl, Out¬
law, Pitchford, Powell, Smith of Anson, Whitford, Wiggins
and Young—18.
So the resolution passed, and, on motion of Mr. Taylor of
Chatham, the rnlef were suspended, and it was read a third
time and passed.
The Senate adjourned until 9 o'clock to-morrow morning,
on motion of Mr. Murrill.
FRIDAY, May 27, 1864.
Mr. Warren, from the Judiciary Committee, reported back
the bill to amend an act entitled " An act to change the juris¬
diction of the eourts and the rules of pleading therein," and
asked to be discharged from its further consideration. The
committee were so discharged.
Mr. Leitch, from the Committee on Internal Improve¬
ments, reported upon the bill to incorporate the Railroad
Exporting and Importing Company, and recommended that
it do not } a=is.
"Mr. Boy den introduced a bill to secure more effectually
the benefits of the writ of habeas corpus, and to prevent citi¬
zens in civil life from being removed beyond the limits of
this State, which was read the first time, when, Mr. Boyden
moved to suspend the rules, but it was not agreed to.
Mr. Jones introduced a bill to exempt from military service.
Commissioners of Wake county,which was read first time.
The bill to amend an act entitled "An act to incorporate
;.the Western Plankroad Company," was read third time
and passed.
Th6 resolution in relation to the acts regulating the salaries
of the Circuit Judges was read a second time and passed.
The resolution authorizing the Public Treasurer to issue
Mrcul^re to the sheriffs of the several counties, in certain
1864.]
SENATE JOURNAL.
53
contingencies, in relation to taxes due October next, was read
a second time and rejected.
A message was recei ved from the House of Commons, that
they transmit messages from His Excellency, the Governor,
and accompanying communications, to wit: Report of Maj.
James H. Eoote, correspondence of Chief Justice R. M.
Pearson in relation to the matter of J. T. Napier, &c., which
were read, and referred on motion of Mr. Boyden to a select
committee. The speaker announced as said committee
Messrs. Leitch, Powell, Boyden, Sharpe and Pitchford. Mr.
Boyden requested not to be appointed as chairman of said
committee.
Mr. Arendell, from the Committee on the Deaf, Dumb and
the Blind Asylum, reported upon the bill making appropri¬
ation for the institution, and recommended its passage. Said
bill was read a second and third tirfles and passed—the rules
being suspended on motion of Mr. Arendell.
Mr. Mnrrill, from the Committee on Claims, reported upon
the resolution in favor of Asa Jones and Bright Barfield, and
asked to be discharged from its further consideration. The
committee were so discharged.
Mr. Arendell, from the Committee on Corporations, re¬
ported upon the bill to amend the charter of the Lockville
Mining and Manufacturing Company, and recommended
its passage.
Mr. Bagley introduced a resolution concerning the North-
Carolina wounded, which was read and adopted.
A message was received from the House, that they agree
to the amendment made by the Senate to the resolution in
reference to the military organisation known as "Mallett's
Battalion." Said resolution is ordered to be enrolled.
The special order being the bill for the relief of the wives
and families of soldiers in the army, was read a second time,
when Mr. Holeman moved to strike out sections sixth and
seventh, and it was agreed to.
Mr. Patton moved to amend by inserting the words " pay-
54
SENATE JOURNAL.
[Session
able in North-Carol in a Treasury notes'" after the word
u dollars" in section 1, line 4 ; which was agreed to.
Mr. Young moved to amend by striking out all after the
"Word "county " in section 2, line 3, to the word "and" in
line 5, and inserting these words, " the said trustees or com¬
missioners having given bond with security approved by the
county court of their respective counties, so soon after the
'first day of October next as practicable;" which was
agreed to.
• Mr. Warren moved to amend by striking out after the
'enacting clause in section'3, lines 1 to fi, both inclusive, and
inserting the words " that the money hereby appropriated ; "
Avhich Was agreed to.
Mr. Smith of Macon, moved to amend by adding to section
5th this proviso ! " Provided, That isuch agents so selected
'by said Indians shall be disinterested persons, and provided
further, that such agents so selected shall give bond properly
condition'and secured, and shall be required to make to the
Public Treasurer a semi-annual report of the amount of such
provisions as they may have furnished said Indians, with an
accurate statement of prices, freights, &c., and in default of
such agents to do so, the}*- shall forfeit and pay to the State
double the amount placed in their hands by the aforesaid
clerk of the court of pleas and quarter sessions for the county
of Jackson ; provided further, that such agents shall receive
the same ratio of compensation allowed to county agents for
the whites." The amendment was adopted.
Mr. Smith of MaCon, also moved to amend section 4th by
inserting therein after the word " seven thousand dollars,"
the words "in State Treasury notes," which was agreed to.
And, the bill as amended passed, and it was read a third
time and passed;
A message was received from 'the House, that they recom¬
mend to be'eommissioned as Justices of the Peace for their
respective counties, the following persons, to wit: W. L.
JRoHiti&bn'dfSampson.; John 3L McKin^ey, -Donald W. Mc-
ponaid, Carney tC. Hunt and A. E. Cavendish of Moore.:
n 64.]
SENATE JOURNAL.
55
•James F. Gilmer of Cabarrus ; Allen Brown and Quenfcin
Ward of Orange; Jesse Coltrane, J. R. Cavaness and W. W.
White of Randolph; J. M. Clark and H. K. Thomas of For¬
syth; Henry Harriss of Warren; Murdoch McKinnon, Alex¬
ander Maxwell, J. C. Poe and W. F. Rhodes of Cumberland ;
and Malcolm Monroe, J. D. Haskett, and Duncan Kelley of
Bladen. The Senate agreed to the message.
Mr. Smith of Anson presented a memorial from sundry
-citizens of Union county, praying further Legislative aid to¬
ward providing for the families of indigent soldiers, &c.;
which was referred, on his motion, to the Committee on Pro¬
positions and Grievances.
A communication from R. C. Gatlin, Adjutant General, in
•response to the resolution of the Senate in relation to orders
issued to Col. J. W. Hinton, &e., and a communication from
the Governor in response to the resolution of inquiry as to
the disposition of the funds appropriated for the Surgeons
General, were read.
Messages from the House were received with accompany¬
ing engrossed bills and resolutions which were read first time,
to wit:
Resolutions in reference to a basis of peace. Read and
adopted.
A bill to legalize certain acts of the County Court of Madi¬
son county; , ■
A bill to provide for holding extra terms of the Supreme
Court;
A bill to authorize the Court of Pleas and Quarter Ses¬
sions of Lenoir county to appoint a tax collector for said
county, and
Resolution in favor of Alexander Houston ; which was re¬
ferred, on motion of Mr. Hoke, to the Committee on Finance.
The bill to amend the ordinance of the Convention, enti¬
tled u An ordinance to incorporate the Piedmont Railroad
Company,9' was read a second time, and on the question of
its passage, Mr. Arendell asked the 3*eas and nays, and one-
fifth agreeing.,
SENATE JOURNAL.
[Session;
Those who voted in the affirmative are i;
Messrs. Adams of Davidson, Adams of Guilford, Berry,.
Boyden, Brown, Cope-land, Holeman,. Matthews, Neal, Out¬
law, Patton, Powell, Simpson, Sharpe, Smith of Anson, Smith;
of Stanly, Taylor of Chatham^ Wooley and; Young—19.
Those who voted in the negative are i
Messrs. Arendell,. Ay cock, Bagley, Blount, Carroway,
Dickson, Ellis, Faison, Hall, Harriss of Franklin, Harris of
Rutherford, Hoke, Jones, Lassiter, Leitch, Lindsay, Patrick,.
Pitchfordi, Sanders, Slaughter, Smith of Mason, Warren,.
Whitford,. Wiggins and Wright—25-. . . .
So the bill was rejected.
Mr. Leiteh moved to send a message to the House of Com¬
mons,. that the Senate proposes to rescind so much of a joint
order in relation to printing sundry documents vhieh accom¬
panied the message of the Governor as requires the printing
of the "Register of North-Carolina Troopswhich was-
agreed to.
A message was received from the House, that they ask the
agreement of the Senate to an amendment made to the bill
in relation to public mills, to witr strike out the-words " one-
eighth " and insert " one-tenth." The Senate agreed thereto.
The following engrossed bills and resolutions, transmitted;
from the Bouse, were read first time, to wit ::
Resolution in favor of Walter A. Thompson
A bill to enlarge the powers of the Commissioners of the-
town of Fayetteville;
A bill concerning public roads in Sampson county;
A bill to amend an act entitled "An act for llie improve¬
ment of the roads ill the counties of Henderson, Buncombe,.
Madison and Yancey;"
A bill concerning the free passage of fish in Neuse
river; and
A bill to incorporate the Cape Fear Importing and Ex¬
porting Company; which latter bill was also read a sectond
and third times and passed, the rules having been suspended,
on motion of "Mr. Hall.
1864.]
SENATE JOURNAL.
57
On motion of Mr. Lassiter, the Senate adjourned until 4
o'clock P. M.
FRIDAY, Afternoon, 4 O'CLOCK, MAY 27, 1864.
Mr. Murrill, from the Committee on Claims, reported upon
the matters in relation to making compensation for damages
to private property by the erection of fortifications around
Raleigh, &c., and asked to be discharged from their further
consideration. The committee were so discharged.
Resolution of thanks to the officers and soldiers of North
Carolina, and an act to authorize the Justices of any county
to meet in special term to levy taxes, were signed by the
Speaker of the Senate, having been transmitted as duly
enrolled from the House of Commons and signed by the
Speaker thereof.
Engrossed bills from the House, to wit:
A bill concerning the Western Turnpike Road ; and
A bill to incorporate St. John's Lodge at Iiinston, in the
county of Lenoir, were read first time.
Bills and resolutions as follows were disposed of under a
suspension of the rules as follows, to-wit:
A bill authorizing the Justices of Caswell county to regu-
Jate the cleaning out of Morris creek in said county ;
A bill to amend an act entitled "An act to charter the Shelby
and Broad River Railroad Company; "
A bill in relation to the Chairman of the Boards of Super¬
intendents of Common Schools;
A bill in relation to salaries and fees ;
A bill in reference to exemption from taxes;
A bill to amend the charter of the Lockville Mining and
Manufacturing Company;
A bill concerning the free passage of fish in Neuse river;
A bill to amend an act entitled " An act for the improve¬
ment of the roads in the counties of Henderson, Buncombe,
Madison and Yancey ; "
58
SENATE JOURNAL.
[Session
Resolution in favor of Walter A. Thompson ; and
A bill to enlarge the powers of the Commissioners of the
town of Fayetteville were severally read a second and third
times and passed ;
A bill to incorporate the Mecklenburg Iron and Steel
Company; and
Resolutions in favor of Thomas J. Kennedy were read a
second time and passed;
A bill to exempt the town police of Statesville from
military duty; and
Resolution authorizing the Governor to employ a Com¬
missioner, &c., were read a second and rejected ;
•Resolution in favor of J*S. Montgomery, was read a second
time and passed, when the rules were suspended, on motion
of Mr. Boyden, and it was read a third time and rejected;
Resolution in relation to the acts regulating the salaries
of the Circuit Judges, was read a third time and passed ;
A resolution in favor of Asa Jones and Bright Barfield,
was read a second time and passed.
The bill to amend an ordinance of the Convention entitled
" An ordinance to secure to certain officers and soldiers the
right to vote," was read a second time, when Mr. Young
moved to amend by adding the words, " and also the sick
and wounded soldiers who may be confined in the hospitals
in this State, or in any of the Confederate States," which was
agreed to. The bill as amended was rejected.
The resolution in relation to State troops, was read a second
time, when Mr. Blount moved to lay on the table, and asked
the yeas and nays thereon, and one-fifth agreeing,
Thosd wrho voted in the affirmative :
■ Messrs. Adams of Davidson, Adams of Guilford, Arendell,
Bagley, Blount, Ellis, Faison, Rail, Harris of Franklin, Harris
of Rutherford, Jones, Lassite'r, Matthews, Murrill, Neal,
Patrick, Simpson, Slaughter, Smith of Macon, Taylor of
Chatham, Warren, Whitford and Wiggins—23.
Those who voted in the negative are;
Messrs. Berry, Carrowav, Dickson, Hoke, Holeman, Pat»
1864.]
SENATE JOURNAL.
59
ton, Pitchford, Powell, Sanders, Smith of Anson, Smith
of Stanly, Wooley, Wright and Young—44.
So the resolution was laid on the table. .Mr. Murrill moved
to reconsider, and to lay that motion on the table, and it was
so agreed.
The bill to exempt the Mayor and Commissi on er-s of the
town of Kinston from military service and .conscription, was
read a second time.
Mr. Patrick moved to strike out "commissioners" and insert
" police "
Mr. Murrill moved to lay on the tableland the latter motion
prevailed.
The bill to regulate tlie payment of drafts on the Treasurer
of the Literary Fund, was read a second time and laid,pn the
table, on motion of Mr. Ellis.
'.The bilk for the benefit of the representatives of-deceased
-volunteers,-was read a second time and the amendmentspro-
posed'by: the Committee on Military Affairs, to wit::; Strike
out "dhird section7' and strike out "5,500 dollars,'" in the
amendment proposed >by MivBoyden, and insert " 3,000
dollars," were not agreed to.
The question recurring on the amendment, Mr. Pitchford
moved to lay on the table, and it.was agreed to.
Mr. Iloke moved to reconsider the vote by which the
Senate agreed to the amendment made by the House of
Commons to the bill in relation to public millers, and it was
so agreed.
Mr. Patrick now moved that the Senate agree to the amend¬
ment with an amendment that the counties of Lenoir, Greene,
Pitt and Craven be exempted from its operation, when Mr.
Leitch moved to lay on the table, and the latter.motion prevailed.
The bill to incorporate the Railroad Exporting and Import¬
ing Company, was read, a second time-'
Mr. Wiggins moved to strike out-sec,iion 4.
Mr. Taylor of Chatham, moved to lay on the table, which
latter motion prevailed. - <
The majority and minority reports of the Select Commit-
60
SENATE JOURNAL.
[Session
tqe on the Governor's Message as it. relates to conscription
and exemption, were together with the resolution recom¬
mended, laid on the table, on motion of Mr. Mall.
The bill to amend an act entitled "An act to change the
jurisdiction of the courts and the rules of pleading therein,"
was read a second time and laid on the table, on motion of
Mr. Carroway.
Mr. Patrick moved to adjourn until 9 o'clock to-morrow
morning. Not agreed to.
t? ■ &
The bill to provide for holding extra sessions of the Supreme
Court, was read first and second times.
Mr. Boyden moved to amend by striking out the word
"Governor" and inserting " Chief Justice of the Supreme
Court of North Carolina; " and Mr. Sanders to amend by
adding " or a majority of the judges thereof; " which were
agreed to. The bill as amended passed, and was read a third
time and passed; and is ordered to be sent to the House
for agreement as to the amendments made by the Senate.
The bill concerning Public Roads in Sampson county, was
laid on the table, oti motion of Mr. Faison.
The bill to authorize the Court of Pleas and Quarter Ses¬
sions of Lenoir county to appoint a tax collector for said
county, was read a second time.
Mr. Whitford moved to lay on the table and it was not
agreed to. The bill was rejected.
Leave of absence was granted to Messrs. Mnrrill and
Young from and after to-morrow, on motion of Mr. Ellis.
The Senate adjourned until 9 o'clock to morrow morning
on motion of Mr. Arendell.
SATURDAY, May 28, 1864.
Prayer by Rev. Dr. Deems.
Mr. Lassiter, from the Committe'e on Propositions and
Grievances, reported back the memorial from sundry citizens
of Union county, and the committee were discharged as tp
the matters referred.
IS61.]
SENATE JOURNAL.
61
Mr. Wiggins, from the Committee on Finance, reported
upon die resolution in favor of Alexander Houston, recom¬
mending that it do pass.
Mr. Jones introduced a resolution in favor of Drury King,
which was read three several times and passed, under suspen-
pension of the rules on his motion.
The rule of the Senate requiring all hills and resolutions
to lie over one day, &c., before being read a second time,
was suspended, on motion of Mr. Warren, for this session ;
and, also Senate rule requiring bills and resolutions to be
engrossed was suspended for this session, on motion of
Mr. Hoke.
.Mr. ITaugliton introduced a bill empowering the collection
of arrearages of taxes, which was read first time.
Also, Mr. Lassiter, from the same committee, reported
upon the communication from D G. Worth, Salt Commis¬
sioner, that " the business appeared to be well conducted, a
large quantity of salt is being made, and prepaiations will
soon be made for greater facilities in making increased quah-
tities, at lower prices than salt has heretofore been sold.
And the committee earnestly recommend the continued
prosecution of the work, and its encouragement on the part
of the State, and respectfully ask for the protection of the
salt works by the military authorities."
The report was received and adopted.
Mr. Boyden presented a report of the joint select commit¬
tee on the Governor's message, as it relates to the importa¬
tion of goods, aud made some verbal statement in regard to
the same.
A message was sent to the House of Commons, that the
Senate recommend to be commissioned as Justices of the
Peace, for their respective counties, the following persons,
to wit: Wm. H. Howerton of Rowan, nominated by Mr.
Boyden; G. B. Bagwell of Wake, nominated by Mr. Jones;
Cyrus Brown of Jones, nominated by Mr. Arendell; and
Emanuel Perril of Forsyth* nominated by Mr. Matthews.
The bill in relation to distillation of grain was read a
'62
SENATE- JOURNAL.
[Session
second time and laid on the table, on motion of-Mr. Smith
of Macon.
Leave of absence was granted to Mr. Smith of Anson,
from and after to-day, on motion of Mr. Sanders.
The resolution in favor of Asa Jones and Bright Barfiekl,
was read a third time and rejected.
A bill to exempt from conscription the Commissioners of
Wake county, was read'a second time and rejected.
Mr. Jones, on the reading of the foregoing bill, presented
a memorial from the Execurive Committee of Wake county
in relation to the subject;' which was read.
Resolution in favor of Thomas J. Kenneday, and a bill to
incorporate the Mecklenburg Iron and Steel Company, were
read a third time and passed.
A bill to incorporate St. John's Lodge, at Kinston, in the
county of Lenoira bill to legalize certain acts of the Coun¬
ty Court of Madison connty, and a bill concerning the West¬
ern Turnpike Road, were read a second and third times and
passed.
The bill to secure more effectually the benefits of the writ
of habeas corpus, and to prevent citizens in civil life from
being removed beyond the limits of the State, was read a
second time and passed, and it was read a third time.
Mr. Hoke moved to amend, by adding this proviso : " Pro-
vided, That the provisions of the bill shall not apply to any
cases embraced in the act suspending, the privileges of the
writ of habeas corpusand thereon asked the yeas and
nays, and one-fifth agreeing,
Those who voted in the affirmative are:'
Messrs. Aycock, Carroway, Dickson, Ellis, Faison, Harriss
of Franklin, Hoke, Hole man, Pitchford. Powell and Wig-
gins—11. -
Those who voted in the negative are';
Messrs. Adams of Davidson, Adams of Guilford, Arendeli,
Bagiey, Berry, Blount, Boyden, Harris of Rutherford, Jones,
Laasiter, Leitch, Matthews, Neal, Pat'ton Patrick, Sanders,
1364]
SENATE JOtfKNAL.
Sharpe, Slaughter, Smitli of Macon, Tayloi; of Chatham,
Warren and Wooley—22.
So the amendment was not agreed to.
The bill passed.
The following bills and resolutions transmitted from the
House of Commons, as duly enrolled and signed by the
Speaker thereof, were signed by the Speaker of the Senate,
to wit:
An act concerning the North-Carolina Institution for the
Deaf and Dumb and the Blind;
An act to incorporate the Cape Fear Importing and Ex*
porting Company;
An act to expend the time for comparing the polls for cer¬
tain counties, and for other purposes ;
An act transferring causes in Equity, depending in the
Courts of certain counties; .
An act to prevent obstructions in the Big Swamp by means
of fish traps;
An^act in reference to exemption from taxes ;
An act to authorize the securities of Lewis Williamson,
late Sheriff of Columbus County, to collect arrears of taxes;
An act to incorporate the Island Ford Toll Bridge Com*
pany, in the county of Rockingham;
An act to amend the charter of the town of Charlotte,
passed at the session of 1860-'61;
Resolution in favor of harmony and co-operation ;
Resolution exempting State and other officers from con¬
scription ;
Resolution in favor of Alexander Smith of Transylvania
county;
Resolution in relation to Governor Vance ;
Resolutions concerning certain acts of the late Congress
of the Confederate States;
Resolutions in reference to the military organization,
known as Mallett's Battalion ; and
Resolution in favor of the Speakers, Clerks and Door
Keepers;
SENATE JOURNAL.
[Session
Mr. Boyden, from the joint select committee on so much
of the Governor's message as relates to the importation of
goods, presented a report of the committee; which was re-
ceived.
Engrossed bill to prohibit more effectually the distillation
of spirituous liquors, was read a first and second times, when,
Mr. Smith of Macon, moved to amend, by adding this pro¬
viso: " Provided, That physicians in their practice, and
apothecaries in the preparing and vending of medicines,
shall not be liable and subject to the provisions of this act;
which was agreed to. The bill was laid on the table, on mo¬
tion of Mr. Taylor of Chatham.
Mr. Leitch, from the select committee, to whom were re¬
ferred the matters of T. W. Napier and correspondence of
Chief Justice Pearspn, &c., reported resolutions in relation
to the Judges, the Governor and the matter of T. W. Na¬
pier; which were read;
Mr. Boyden moved to amend, by adding as resoh$ion
third:
" Jiesolved, That the Governor of this State, upon being
informed that T. W. Napier is within the limits of this State,
forthwith send a*force sufficient to arrest him, and have him
before the Chief Justice of the Supreme Court of North-
Carolina."
The amendment was not agreed to.
The resolutions were adopted.
A message was received from the House of Commons,
that they have agreed to the recommendations of Justices of
the Peace heretofore made by the Senate, and they recom¬
mend also to be commissioned for their respective counties
the following persons, to wit \,t T. P. Grier, Mecklenburg;
M. T. Berton, Win. IT. Flynt, Tnos. J. Valentine, Wm.
Campbell, of Stokes ; D. M. Young, Mitchell; A. S. Jones,
Shad. Myers, Thomas Williams, J. J. Johnson, Yadkin, and
N. A. Miller, Caldwell.
The Senate agreed to the message.
An engrossed bill to amend the ordinance of the Conven-
1864.]
SENATE JOURNAL.
65
tion incorporating the Piedmont Railroad Company, was
read first and second times, and laid on the table, on motion
of Mr. Leitch. Also, engrossed bill to amend an act entitled
" An act to exempt certain officers and employees of the
State from conscription," was read first and second times,
and laid on the table, on motion of Mr. Outlaw.
Engrossed bill to amend an act entitled " An act to lay off
and establish a Turnpike Road from Laxton Lynch's in Ruth¬
erford county to the widow Sail's in Buncombe county," was
read a first and second times and passed. The same "bill was
read a third time and laid on the table, on motion of Mr.
Harris of Rutherford.
The following engrossed bills, and resolutions transmitted
from the House, were read three several times and passed,
entitled, to wit:
A bill to repeal the act ratified 20th September, 1861,
concerning winter clothing for our troops;
A bill to amend an act to extend the charter of the Bank
of the State of North Carolina; .
A bill to authorize the Buncombe Turnpike Company to
increase their rates of toll-;
A bill in relation to Guardians and Wards in Transylvania
county;
A bill to amend an act passed the first General Assembly
for 1862-'63, entitled " An act to establish the office of Au¬
ditor of Public Accounts;"
A bill to amend an act authorizing the erection of a toll
bridge over the Catawba river, between the towns of New¬
ton and Lenoir;
A bill to amend the charter of the Fayetteville and Flo¬
rence Railroad Company;
A bill to appropriate money for the military establishment
of the State;
Resolution concerning the importation of goods by the
State;
A bill to legalize the sale of the public jail and lot in the
town of Wilkesboro'; and
5
66
SENATE JOURNAL.
[Session
A bill to amend an act entitled " An act for the relief of
^landlords."
Engrossed bill to secure the citizens of North-Carolina
against illegal impressments and other wanton seizure of their
property, was read first and second times, when Mr. Outlaw
moved to. lay on the table. Not agreed to, and the bill
passed, and was read a third time.
Mr. Sanders moved to strike out section first; which was
agreed' to. The bill, as amended, passed, and was sent to
the House-for agreement,as to the amendment made by the
Senate.
The engrossed bill to supply ways and means for the Treas-
nry, was read a first and second times, and,
On the question of its passage, Mr. Warren asked the yeas
and! nays, and one-fifth agreeing,
Those who voted in the affirmative are:
Messrs. Adams of Guilford, Aycock, Berry, Blount, Carro-
way, Dickson, Ellis, Eaison, Harriss of Franklin, Hoke, Jones,
Lassiter, Outlaw, Fatton, Pitchford, Powell, Wiggins, Woo-
ley and Wright—19".
.Those who voted in the negative are:
Messrs. Adams of Davidson, Harris of Rutherford, Leitch^
Neal, Patrick, Sanders, Sharp©, Slaughter, Smith of Macon,
Warren and Whitford—11.
So the hill passed, and it was read a third time.
Mr. Sharpe moved to amend, by striking out the words
" two years after the ratification of a treaty of peace," and
inserting "1875;" which was not agreed to, and the bilipassed.
On motion of Mr. Outlaw, the Senate adjourned to 4
o'clock, P. M.
SATURDAY, Afternoon, 4 O'clock, May $8, 1864.
The following bills and resolutions, trasmitted from the
House of Commons, duly enrolled and signed by the Speaker
thereof, were also signed by the Speaker of the Seriate, enti¬
tled, to wit:
1864.]
SENATE JOURNAL.
67
Resolution in favor of Drury K$g:;
Resolutions in relation to the .Judges, fGrovernor Wance,
and the matter of T. P. Napier:;
Resolution concerning the importation of goods from the
;State;
Resolution in favor of Thomas J. 'Kennedy,;
Resolutions in reference to a basis of peace:;
Resolution concerning the acts^of Congress^
An act to legalize the sale of the public jail and lot in the
town of Wilkesboro';
An act for the relief of* the wiives and families of soldiers
in the army;
An act to amend the charter .of the Fayette\ville and Flor¬
ence Railroad Company .;
An act in regard to tolls on the Western Plankroad Com¬
pany ; .
An act to appropriate money for the Military Establish¬
ment of the State ;
An act to amend an act .entitled " An act to charter the
Shelby & Broad River Railroad Company:;"
An act to amend the charter of the Locikville Mining &
Manufacturing- Company.;
An act to provide ways and means for the supply of the
Treasury; '
An act for the better reg^JatiQti pf the Western Turnpike
Road;
An act to legalize certain acts of the County Court of Madi¬
son county ;
An act to amend an act in relation to salaries and fees;
An act to incorporate St. John's Lodge, at Kinston, in the
county of Lenoir f'
An act concerning the free passage of fish in Neuse river;
An act to amend an act entitled An act for the improve¬
ment of the roads in the counties of Henderson, Buncombe,
Madison and Yancey;
An act to alter the times of holding the Superior Cuurte of
Law and Equity in the Sixth Judicial Circuit;
68
SENATE JOURNAL*.
[Session
An act to incorporate the Mecklenburg Iron & Steel Com-?
pany; #
An act to authorize the Justices of Caswell eounty to reg¬
ulate the cleaning out of Moore's creek in said county; and
An act to enlarge the power of the Mayor and Commis¬
sioners of the town of Fayetteville.
Engrossed resolution in favor of the Washington sufferers,
and engrossed bill to amend an act entitled "Revenue," rati¬
fied 11th February, 1863, were read three several times and
passed.
Also, engrossed resolutions to appropriate money for the
premises around the Governor's residence, and resolution in
reference to the Public Treasurer, and engrossed bill to
amend the charter of the Beaver Creek Manufacturing Com??
pany, were read three several times and passed.
Engrossed bill in reference to the salaries of the Judges of
the Superior Courts of Law and Equity, was read a first and
second times.
Mr. Boyden moved to amend, by adding this proviso X
" Provided, That this act shall be in twee for twelve
months only."
Which was agreed to.
Mr. Sharpe moved to strike out all after the enacting
clause, and insert as follows, to wife:
"That the salaries of the Judges of the Superior Courts of
Lav and Equity shall be five thousand dollars for the present
year."
Not agreed to, and the bill was rejected.
Engnfssed resolutions respecting the national administra^
tion, and the proper authorities to conduct negotiations for
peace with the enemy, were read and adopted1.
Engrossed bill authorizing the Governor to purchase leather
for the destitute of the indigent wives and families of sol¬
diers in the army, was read first and second times,
on the table, on motion of Mr. Lassiter.
Mr. Smith of Macon introduced a resolntion which
read andadopted. to wit:
i8e4]
SENATE JOURNAL.
69*
" Whereas, Some of the letters accompanying the Gover¬
nor's message were the original letters on file in the Execu¬
tive office, and have, with the message, been placed in the
hands of the Public Printer, therefore,
Resolved, That the Public Printer be instructed to returni
said letters to the Executive officer when they shall have-,
been printed.
Mr. Wright introduced a bill to incorporate the Fayette-
ville Militar™ Academy, which was read three several times,
and passed.
A message was received from the House, that they agree'
to the amendments made by the Senate to the bill to provide
for holding extra terms of the Supreme Court, and said bill
is ordered to be enrolled.
The bill empowering the collection of arrearages of taxes, ,
and resolution in favor of Alexander Houston, were read a.
second and third times and passed. ^
Mr. Faison moved that the Senate take a recess until 8
o'clock P. M., and it was so agreed.
SATURDAY, Evening, 8 o'clock, Mav 28, 1864.
Engrossed resolution in favor of Win. Thompson was read >
three several times and passed.
A message was sent to the House of Commons, that the.-
Senate proposes to rescind the joint order to adjourn sine die
on Monday next 5 o'clock A. M., and that the General*
Assembly shall adjourn sine die on Monday the 30th inst., at ;
4 o'clock A. M.; and a message was received from the House,
that they agree thereto.
Mr. Lassiter introduced a resolution in relation to the Public
Printer, which was read three tevcral times and passed. .
Engrossed resolution in reference to the messenger in the
Executive office, was read three several times and passed.
The following bills and resolutions, transmitted .from the -
House ofCommonsas duly enroll -d and signed by the.Speaker-;-
70
SENATE JOURNAL.
[Session
thereof, were signed also by the Speaker of the Senate, to wit:
An act in relation to Guardians and Wards in Transylvania
county;
Resolutions respecting the national administration and the
proper authorities to conduct negotiations for peace with
the enemy;
Resolution in favor of Walter A. Thompson ;
Resolution in favor of the Washington sufferers ;
Resolution concerning the North-Carolina wounded;
Resolution to appropriate money for the premises around
the Governor's residence;
Resolution in favor of Alexander Houston ;
Resolution in reference to the Public Treasurer;
Resolution in reference to the messenger in the Executive
Department; . .
Resolution in relation to the acts regulating the salaries of
Circuit Judges;
An act to amend the charter of the Beaver Creek Manu¬
facturing Company;
An act to provide for holding extra terms of the Supreme
Court;
An act to amend "an act for the relief of landlords;"
An act to repeal the act ratified the 20th September, J 861,
concerning winter clothing for our troops;
An act to amend the act entitled Revenue, ratified 11th
February, 1866; •
An act to authorize the Buncombe Turnpike Company to
increase the rates of toll;
An act to amend an act authorizing the erection of a Toll
Bridge over the Catawba river betwen the towns ot Newton
and Lenoir.
An act to authorize the Chairmen of the Boards of Super¬
intendents of Common Schools of the several counties in this
State, who have invested the funds in their'hands in Confed¬
erate State bonds, to sell said bonds and distribute the pro¬
ceeds among the districts of their respective counties entitled
to receive the same.
1864]
SENATE JOURNAL.
71
An act to amend an act entitled " An act to extend the
charter of the Bank of the State of North-Carolina, for cer¬
tain purposes," ratified 11th day of May, 1861.
An act more effectually to secure the benefits of the writ
of habeas corpus, and to prevent citizens in civil life from
being removed beyond the limits of the State ; and
An act to amend an act passed at the first session of the
General Assembly for 1862-'63, entitled " An act to establish
the office of Auditor of Public Accounts."
Mr. Eaison introduced a resolution, Mr. Wright being in
the Chair, to wit:
Resolved, That the thanks of the Senate are due and are
hereby tendered to the Honorable Giles Mebane for the able,
dignified and impartial manner in which he has presided
over the deliberations of this body.
Mr. Wooley offered as a substitute, by way of amendment,
to strike out all after the word " Resolved," and insert as
follows, to wit:
That the ^unanimous thanks and acknowledements of the
Senate are hereby tendered to the Honorable Giles Mebane
for the uniform courtesy, dignity and impartiality which has
characterized his intercourse with its members, and the
efficiency with which he has discharged his laborious duties
as its presiding officer through its several sessions; and,
having brought our labors to a close, we assure him that he
will bear with him in his retirement, our kindest recollections
of our social and business intercourse with him.
Resolved, That we acknowlege the efficiency of our Prin¬
cipal and Reading Clerks, and the kindness and urbanity of
manner which has been uniformly manifested in our inter¬
course with them.
The amendment was agreed to, and the resolution as
amended was adopted.
The Speaker responded to the resolutions, returning his
thanks, &c., to the Senate, whereupon, on motion of Mr.
Patton, the Senate adjourned until Monday morning at 3£
o'clock.
72 SENATE JOURNAL. [Session
MONDAY, May 30, 1864.
The following "bills and resolution duly enrolled and signed
by the Speaker of the Mouse of Commons, were transmitted
to the Senate, and signed also by the Speaker thereof, to wit:
Resolution in relation to the Public Printer ;
An act to incorporate the Eayetteville Military Academy;
An act to incorporate the Plaster Banks' and Salt "Works'
Railroad Company.
Mr. Boyd en introduced a resolution in relation to the sal¬
aries of the fudges, which Was read three several times and
passed, and sent to the House of Commons; and said bill was
subsequently transmitted duly enrolled from the House of
Commons signed by the Speaker thereof, and the same was
signed by the Speaker of the Senate.
Messrs. Hoke and Patrick were announced as Committee
-on Enrolled Bills.
A message from the House of Commons was received that
they transmit an engrossed bill entitled "A bill to authorize
the Governor to appoint a commissioner for the benefit of the
representatives of deceased soldiers.^ Said bill was read
three several times and passed and ordered to be enrolled.
And the same having been duly enrolled and signed by the
Speaker of the House of Commons, was signed by the Speaker
of the Senate.
The hour of 4 o'clock having arrived, the Speaker declared
the Senate stands adjourned sine die.
GILES MEBANE, Speaker Senate.
C. R. Thomas, Clerk Senate.
INDEX.
ADJOURNED SESSION, 1804.
YEAS AND NAYS.
PAOS.
Roll call, 2
Vote 011 u resolutions in relation to Gov. Vance," 15
" '' minority resolution of committee on Habeas Corpus, 40
u " motion to adjourn, 42
" u Mr. Copeland's amendment to majority resolutions of com¬
mittee on Habeas Corpus, 48
u u division of said resolutions, 48
" " striking out the 4th of said resolutions, 44
" " Mr. Murrill's amendment to the 4th resolution, 44
11 " adoption of majority resolutions, 44
u u division of resolutions exempting State and other officers
from Conscription, 49
11 u Mr. Young's amendment to same, 50
u " Mr. Outlaw's amendment to same, 50
u u Mr. Hoke's amendment excluding militia officers, 50
u Mr. Hoke's amendment excluding constables, &c., 51
" " passage of said resolutions, 51
" bill to amend ordinance incorporating the Piedmont R. R.
Company, 56
u motion to lay on table resolution in relation to State
Troops, 58
u " Mr. Hoke's amendment to bill to secure more effectually the
benefits of Habeas Corpus, &c., 62
" 1,1 bill to supply ways and means for the Treasury, 66
fi INDEX.
PAfiB.
MISCELLANEOUS.
Report of Majority of Joint Select Committee on Hahena Gorjius,..., 1$
" Minority of said Committee, 1?
" " Majority of Joint Select Committee on Conscjiptioa and
Exemptions, 29
" Minority of said Committee, <*1
3864.]
HOUSE JOURNAL.
33
Yeas—Messrs. Amis, Bernhardt, Barringer, Beall, Ben-
bury, Brown, Bryan, Burgin, Burns, Carter, Cobb, Costner,
Crawford, Davis, Dunn, Foy, Francis, Gaskins, Gentry,
George, Gilliam, Glenn, Grier, Hampton, Harris of Cabarrus,
Harris of Chatham, Harrison, Hawos, Henry of Henderson,
Headen, Hodges, Howard, Horton, Joyner, Judkins, Keener,
Kerner, Kirby, Leathers, Lemmonds, Logan, Long, Love,
Mann of Hyde, Manning, McConnick, McKay, McNeill,
McRae, Parks, Patterson, Peebles, Person, Powell, Reynolds,
Rhodes, Richardson, Reinhardt, Rives, Robinson, Russ,
Shepherd, Sherwood, Shober, Smith of Washington, Stancell,
Yann, Walser and Williams—TO.
Nays—Messrs. Allison, Avera, Best, Bond, Carpenter,
Cowles, Craig, Greene, Grissom, Henry of Bertie, Hollings-
worth, Ingram, Jenkins, Lyle, Nissen, Ritter, Robins, Rogers,
Russell of Brunswick, Sprnill, Wallen, Wellborn, Yoang of
Iredell, and Young of Yancey—26.
And so the resolutions are agreed to.
Upon motion of Mr. Avera, the House adjourns until
to-morrow morning at 10 o'clock A. M.
TUESDAY, May 21, 1861.
Mr. Carter, from the Judiciary, reports favorably a bill to
legalize certain acts of the county court df Madison county.
Also, with amendments, a bill concerning the passage ot
fish in Neuse river.
Also, favorably, a bill to incorporate the Cape Fear Import¬
ing and Exporting Company.
Also, a bill to amend an act entitled '£ An act for the im¬
provement of the^f roads" in the counties of Henderson,
Buncombe, Madison and Yancey;" recommending its passage.
Also, favorably, a bill concerning public roads in Sampson
county.
Also, favorably, a bill to authorize the court of pleas andi
quarter sessions of Lenoir county to appoint a tax collector
for said county.
3
HOUSE JOURNAL.
[Session
He also reports, and asks to be discharged, from the further
consideration of the petition of the mayor and board of
commissioners and citizens of Salem, N. C. ; which is
agreed to.
Mr. Allison, from the committee on Propositions and
Grievances, reports, unfavorably, resolutions concerning
prices.
Also, favorably, a resolution in favor of Walter A.
Thompson.
Mr. Shepherd, from the Finance committee, reports unfa¬
vorably a bill to amend the 35th chapter of the act passed at
the adjourned session 1863.
Mr. Shepherd introduces a bill to repeal the act ratified the
20th of September, 1861, concerning winter clothing for our
troops ; which passes its first reading.
Mr, Gentry, from the committee on Cherokee Lands and
Western Turnpikes, reports a bill to amend an act entitled
■" An act to lay off and establish a Turnpike Road from
Saxton Lynch's, in Rutherford county, to the Widow Sails',
,in Buncombe county;" recommending its passage.
Mr. Gentry, from the same committee, reports a bill cor-
jjerningthe Western Turnpike Road, with an amendment, and
;.as;.&mended, recommending its passage.
Mr. Patterson, from the committee on Privileges and Elec¬
tions, ^reports a bill to be entitled "An act to amend an
, ordinance of the convention entitled ' an ordinance to secure
k certain officers and soldiers the right to vote;'" recommending
its passage. The rules are suspended, and the bill passes its
second and third! readings.
Mr. Person reports from the Military Committee, a bill to
amend an act entitled " An act to amend an act in relation to
the militia and a guard for liome defence ; " recommending
its passage.
Mr. Shepherd,i from >the Judiciary committee, reports,
recommending its passage, a bill to prohibit more effectually
the distillation of spirituous liquors.
Mr. Allison, from the joint select committee, reports a reso-
1864,]
HOUSE JOURNAL.
35
lntion that this General Assembly do adjourn sine die
en Monday next, the 30th inst'., at 5 o'clock A. M.; which is
agreed to.
Mr. Brown introduces a resolution in the following words,
to wit:
" Whereas, The principal clerk of the house has been
absent since the beginning of this session, and the duties of his
office have been discharged by the assistant clerk; therefore,
" lieaolved. That John A. Stanly, Esq., Assistant Clerk of
this House, shall receive the pay of the principal clerk, as well
as his own, during the time he has or may discharge the
duties of both officers." Which is agreed to by the House.
Mr. Lyle introduces a resolution relating to Confederate
notes received by fiscal agents of the State since the 1st of
April, 1864; which passes its first reading, and is referred to
the committee on Finance.
Mr. Rogers introduces a resolution in the following words,
viz: ' *
" Resolved, That his'Excellency, the Governor, be respect¬
fully requested to inform this House if any officers in the
Adjutant General's department of this State, or any of his staff
officers, are allowed to purchase supplies from the State
stores, and if so, what officers, and at what prices for these
supplies. Also, what allowances, if any, are made to said
officers in the way of forage for horses, commutation for
room rent'and for wood. Also if such allowances are made,
andsuch supplies purchased, what law authorizes-the same."
Which is agreed to by the House.
Mr. Henderson offers a resolution in the following words,
viz: ; -"• '
" jResolved, That the Governor be requested not to claim
the "exemption from conscription of any militia or home guard
officer, except the field officers of the militia and the com¬
manding officers in each captain's district, and that he also
do not claim as exempts, magistrates under forty-five years of
age, jailors, nor county trustees ;" which is, upon Mr. Cowles
motion, laid upon the table.
3(5
HOUSE JOURNAL.
£ge9sioo
Mr. Love introduces a bill in reference to the salaries of
the judges of the superior courts; which passes its first reading,
and is referred to the committee on the Judiciary.
Mr. Francis introduces a bill to exempt certain persons
from taxation ; which passes its first reading, and is referred
to the Finance Committee. .
Mr. Hampton introduces a bill to legalize the sale of the
public jail and lot in the town of Wilkesboro'; which passes
its first reading, and is referred to the committee on the
Judiciary.
Mr. Person introduces a bill to amend an act to extend the
charter of the bank of .the State of North-Carolina, which
passes its first reading, and is referred to the committee on
Finance.
Mr. Shepherd introduces a bill in reference to the invest¬
ment of trust fands in the bonds of the Confederate States;
which passes its first reading.
Mr. Shober introduces a bill to be entitled an act to amend
an act entitled " An act for the relief of landlords; " which
passes its first reading, and is referred to the committee 011
the Judiciary.
Mr. Amis moves a reconsideration of the vote by which
the House on yesterday passed Senate resolutions in relation
to Vance.
Mr. Carpenter moves to lay this motion upon the table,
and, upon this question, being asked for, the House orders the
yeas and nays, whicli are taken as follows, to wit:
Yeas—Messrs. Alford, Brown, Carpenter, Cobb, Crawford,
Foy, Francis, George, Greene, Grier, Hawes, Henderson,
Lemmonds, Love, Manning, Peebles, Person, .Reynolds,
Hitter, Rives, Robinson, Rogers, Stancill and Vann—23.
Nays—Messrs. Allison; Albritton, Amis, Avera, Bernhardt,
Barringer, Beall, Benbury, Best, Bond, Bryan, Bsrgin, Burns,
Carson, Carter, Costner, Cowles, Craig, Duke, Dunn, FJynt,
Gaskins, Gentry, Glenn;• Grissom, Hampton, Harris of Cab.,
Harris of Chat., Hentry of Bertie, Henry of Henderson,
Headen, Hollingsworth, Howard, Horton, Ingram, Jenkins,
1864.]
HOUSE JOURNAL.
37
Joyner, Judkins, Keener, Rerner, Kerby, Laws, Leathers,
Logan, Long, Lyle, Mann of Hyde, Mann of Pasquotank,
McCormick, McKay, McNeill, McRae, Nissen, Patterson,
Pearce, Perkins, Powell, Rhodes, Richardson, Reinbardt,
Riddick, Robins, Russ, Russell of Brunswick, Shepherd,
Sherwood, Shober, Smith of Guildford, Smith of Washington,
Spruill, Waddell, Wallen, Walser, Watson, Wellborn, Wil¬
liams, Woodall, Young of Iredell, and Young of Yancey—80.
And so the House refuses to lay on the table.
The question recurs upon Mr. Amis' motion, and upon this,
Mr. Person asks for, and the House ordefs the yeas and nays,
which are taken as follows, viz:
Yeas—Messrs. Allison, Albritton, Amis, Avera, Bernhardt,
Barringer, Beall, Beam, Benbury, Best, Bryan, Burgin,
Burns, Oowles, Craig, Duke, Dunn, Flynt, Gaskins, Gentry,
Glenn, Greene, Grissom, Hampton, Harris of Chatham,
Harrison, Henry of Henderson, Headen, ^Hodges, Hollings-
worth, Howard, Horton, Ingram, Jenkins, Keener, Kerner,
Laws, Leathers, Long, Lyle, Mann of Hyde, Mann of Pas¬
quotank, McCormick, McKay, McNeill, McRae, Nissen,
Patterson,' Pearce, Perkins, Powell, Rhodes, Richardson,
Riddick, Ritter, Robins, Russ, Russell of Brunswick, Sher¬
wood, Shober, Smith of Guilford, Smith of Washington,
Spruill, Waddell, Wallen, Walser, Watson, Wellborn, Wood-
all, Young of Iredell, and Young, of Yancey—-71.
Nays—Messrs. Aiford, Brown, Carpenter, Carter, Cobb,
Costner, Crawford, Davis, Foy, Francis, George, Gilliam,
Grier, Harris of Cabarrus, Hawes, Henderson, Henry of
Bertie, Joyner, Judkins, Kirby, Lemmonds, Logan, Love,
Manning, Peebles, Person, Reynolds, Bernhardt, Rives,
Robinson, Rogers, Shepherd, Stancill, Yann and Williams—35.
And so the House agrees to reconsider.
The Speaker announces that the hour has arrived for the
consideration of the special order of the day. Upon Mr.
Amis' motion, its consideration is postponed until the House
disposes of the pending business. Upon Mr. Amis' motion,
the vote'by which the House agreed to the first resolutions in
38
HOUSE JOURNAL.
[Session
relation to Governor Yance, offered by Mr. Cobb, as a®
amendment to Senate resolutions, is reconsidered.
Upon Mr. Richardson's motion, the vote by which the
House agreed to the second resolution offered by Mr. Cobb
as an amendment to Senate resolutions in relation to Governor
Yance, is reconsidered.
Mr. Carter withdrew his motion for a division of the ques¬
tion, and the question recurs, shall the amendments proposed
by Mr. Cobb to Senate resolutions in relation to Governor
Yance be agreed to by the House?
Mr. Cobb moves the postponement of the further eonsid-
sideration of the question until Thursday next at 12 o'clock
M. Agreed to—Yeas 48, Nays 40.
The Speaker announces the first business in order to be,
the deferred special order, to wit: The resolutions concern¬
ing certain acts of the late Congress of the Confederate States.
Mr* Mann of Pasquotank moves to postpone the special
order until to-morrow at 10 o'clock A. M.
■Mr, Harris of Chatham moves to amend by inserting 3
o'clock P. M. to-day, for 10 A. M. to-morrow; which is not
agreed to by the House.
He then moves to amend by inserting as before, 9 o'clock
A. Mo to-morrow ; which is agreed to by the Honse.
The Speaker lays before the House a communication
from the Public Treasurer; which is referred to the Judiciary
Committee.
Mr. Brown, by leave of the House, introduces an act to
incorporate the Mecklenburg Iron and Steel Company; which
passes its first reading, and is referred to the committee on
the Judiciary.
On motion of Mr. Carter, leave of absence is granted to-
Mr. Kernerfor the balance of the session.
On motion of Mr. Brown, leave of absence is granted to
Mr. Grier for the remainder of the session.
On motion, the House adjourns until to-morrow at 9
o'clock A. M,
1864.]
HOUSE JOURNAL
WEDNESDAY, Mat 25, 1864.
House called to order at 9 o'clock A. M. Journal read.
•Mr. Rogers presents the memorial of the Commiscioners of
Raleigh, accompanied by a bill to cede certain lands to the
city of Raleigh; which passes its fifst reading, and is, together
with the memorial aforesaid, referred to the committee on
Propositions and Grievances.
Mr. Reinhardt presents the memorial of the stockholders
of the Gatawba River Bridge Company, accompanied by a
bill to amend an act authorizing the erection of a toll bridge
over the Catawba river, between the towns of Newton and
Lenior; which passes its 1st reading, and is referred,
together with the memorial, to the committee on Propositions
and Grievances.
Mr. Burgin reports favorably, a resolution in favor of
Alexander Houston ; he also reports unfavorably a resolution
in favor of J. T. Walker.
Mr. Shepherd reports from the committee on Finance, a
bill to amend an act to extend the charter of the bank of the
State of North-Carolina; and
A resolution relating to Confederate notes received by iiseal
agents of the State since 1st April, 1864, recommending
their passage.
He also reports a bill to exempt certain persons from tax-
tioia, suggesting that the committee will offer an amendment
upon its second reading", which, if adopted, they then recom¬
mend its passage.
Mr. Shepherd, from the joint select committee on the
resolutions in reference to a basis of peace, reports the same
back to the House, with amendments, recommending their
adoption.
Mr. Russell of Brunswick, from the joint select committee,
reports resolutions in favor of the siifferers, caused by the
burning of the town of Washington; which passes its first
reading. .
Mr. Shepherd presents two memorials from the citizens of
Fayetteville, accompanied by a bill, to amend the charter of
40
HOUSE JOURNAL.
[Session
the town of Fayetteville ; which passds its first reading, and
is referred to the committee on Propositions and Grievances.
Mr. Henry of Henderson introduces a bill in relation to
guardians and wards in Transylvania county; which passes
its first reading, and is referred to the Judiciary Committee.
Leate of absence is granted for the remainder of the
session to Messrs. Beam ahd Flynt.
Received from the Senate, engrossed resolution of thanks
to the officers and soldiers of North-Cafolina ; which is agreed
to by the House.
Received from the Senate, the following engrossed bills and
resolutions, vit;
A bill to incorporate the Island Ford'toll Bridge Company,
in the county of Rockingham ;
A bill to incorporate theStonewell Importing and Exporting
Company of the Confederate States of America;
A bill transferring causes.in equity depending in the courts
of certain counties;
A bill to alter the times of holding the superior courts of
law and equity in the sixth judicial circuit;
A bill to authorize the securities of Lewis Williamson, late
'sheriff of Colnhlbus county, to collect art ears of taxes;
A bill to prevent Obstructions in tlie Big swamp by toeafcs
of fish traps; and
A resolution in faVor of Al€Xantfer Smith, of Transylvania
bounty "; all'of which are passed their first reading.
The engro&sed resolution requesting our Senators and
itepfesfentativeS in Congress to urge a modification of the
lithihg la#s, is* Upon Mr. Sherwood*s motion, referred to tits
(committee oil the Judiciary.
Beceifed from the Senate, the following engrossed bill
and resolutions, to wit;
" A bill to amend the 5th section of an act entitled " An act
to restore the courts and for other purposes," ratified the 14th
December, 18t>3;
Resolutions in favor of the speakers, clerks and door keep¬
ers ; and
1864]
HOUSE JOURNAL.
41
A resolution concerning the acts of Congress ; all of which
are passed their first readings.
Mr. Shepherd introduces a hill to amend the charter of
the Fayetteville and Florance Railroad; which passes its
first reading, and is referred to the committee on Internal
Improvements.
Mr. Shepherd introduces a bill to aid in the construction
of a Railroad from Florence, S. C., to Fayetteville ; which
passes its first reading, and is referred to the committee on
Internal Improvements.
Mr. Carter, from the Judiciary Committee, by leave of the
House, reports an act to incorporate the Mecklenburg Iron
and Steel Company: recommending its passage.
The House proceeds to the consideration of the special
order of the day, viz :
Resolutions concerning certain acts of the late Congress ©f
the Confederate States, reported by the joint select committee
upon the subject of the suspension of the writ of Habeas
Corpusthe resolutions are read.
Mr. "Wadded offers a substitute in the following words,
to wit:
" Resolved, That the suspension of the writ of Habeas
Corpus by the Congress of the Confederate States, was an
unwise act, and that it ought to be repealed.
" Resolved, That our Senators and Representatives in Con¬
gress be requested to urge upon Congress the repeal of said
law, and a copy of these resolutions be transmitted to them."
Mr. Person moves a division of the question, which is
ordered, and upon the question of striking out nil of the
committee's resolutions after the word "resolved;" Mr.
Waddell asks for, and the House orders the yoas and nays?
whi< h are taken as follows, to wit:
Yf.as—Messrs. Beam, Brown, Burapass, Barns. Cobb,
Costner, Crawford, Davis, Duke, Fey,, Francis, Gaskins,
George, Gilliam, Harris of Cabarrus," Harris of Chatham,
Hawes, Henderson, Hodges, Joyner, Judkins, Kirby, Lem-
mondc, Long, Peebles, Person, Rhodes, Bernhardt, Richard-
42
HOUSE JOURNAL.
[Session
son, Rives, Robinson, Russ, Shepherd/i Spruil, Stancill,
Waddell and Williams—36.
Nays—Messrs. Allison, Albritton, Alford, Amis, Avera,
Bernhardt, Benbury, Best, Bond, Burgin, Carpenter, Carson,
Carter, Cowles, Craig, Dunn, Flynt, Gentry, Glenn, Greene,
Grissom, Hampton, Harrison, Henry of Bertie, Henry of
Henderson, Hollingsworth, Howard, Horton, Ingram, Jen¬
kins, Laws, Mann of Hyde, Mann of Pasquotank, McAden,
McCormick, McKay, McNeill, McRae, Nissen, Patterson,
Pearce, Perkins, Rid^ck, Ritter, Robins, Rogers, Russell of
Brunswick, Sherwood, Shober, Smith of Guilford, Smith of
Washington, Wallen, Walser, Watson, Wellborn, Waddell,
Young of Iredell, and Young of Yancey—58.
And so the House refuses to strike out.
Mr. Amis moves to amend by striking out in the 6th and
7th lines (printed copy) of first of committee's resolutions the
words " the repeated and manifest infractions," and insert in
lieu thereof the words " every infraction."
Mr. Peebles moves to amend the amendment by striking
out all after the word "resolved," in the committee's resolu¬
tions, and inserting as follows, viz :
" That in the opinion of this General Assembly, there is in
North-Carolina no public or political danger or evil that can
be averted or suppressed by a suspension of the privileges of
the writ of Habeas Corpus.
"Resolved, That whilst this is our opinion, we are at this
trime unwilling to assume the responsibility (which properly
belongs to Congress) of judging of the necessity of a suspen¬
sion affecting all the States of the Confederacy alike which
is not agreed to by the House.
. Mr. Amis' amendment is then agreed to.
Mr. Waddell moves to amend by striking out all after the
word " resolved," and inserting as follows, viz :
" That as far as North-Carolina is concerned, there was no
necessity for a suspension of the writ of Habeas Corpus, and,
therefore, be it resolved, by this General Assembly, that our
Senators and Representatives in Congress be requested to
urge.upon their respective bodies a repeal of said law.
1864.]
HOUSE JOURNAL.
43
" Resolved, That a copy of these resolutions be transmitted
to our Senators and Representatives in Congress which is
not agreed to by the House.
Mr. Harris of Cabarrus, moves to amend by striking out
all after the word " that" in the 5th line (printed copy) of
the third resolution, and insert as follows, viz :
" Conditions of public danger alone can justify the exercise
of the extraordinary powers of the constitution compatible
with the public liberty;" which is not agreed to.
Mr. Foy offers a substitute as follows, viz :
" jResolved, That under the constitution of the Confederate
States, Congress has the right, and is the judge of the neces¬
sity of suspending the writ of Habeas Corpus.
" Resolved, That we deny that Congress has any constitu¬
tional right to suspend any other guaranty of personal liberty
secured to the people of the Confederate States by the con¬
stitution thereof, to wit: ' The arresting of any person without
warrant supported by oath or affirmation, and particularly
describing the place to be searched, and the person or thing
to be seized/ for the constitution declares that'the right of
the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures shall not
be violated;' and that in suspending the writ by the recent
act of Congress, it has strode over other guarantees and safe¬
guards to personal and civil liberty, and ought to be repealed.
" Resolved, That our Senators in Congress be instructed and
our Representatives be requested to make an earnest effort
to secure the early repeal of said act.
" Resolved, That his Excellency, Governor Yance, is hereby
instructed and directed to forward a copy of these resolutions
to President Davis, and to Senators and Representatives
from North-Carolina;" which is not agreed to by the House.
Mr. McCormick moves to amend by inserting the word
« constitutional" before the word " liberties," in the 6th line
(printed copy) of the third resolution; which is not agreed to.
The question Ihen recurs upon the passage of the resolutions
44
HOUSE JOURNAL.
[Session
as reported by Mr. Grissom, from the joint select committee,
as amended, and which are as follows, to wit:
" Resolutions concerning certain£acts of the late Congress of
the Confederate States: '
Resolved, That while the people of North-Carolina have
ever been and still are anxions to strengthen the administra¬
tion of the Confederate government in every legitimate way,
and to promote the success of the common cause, in order
that we may have a speedy and honorable peace, they view
with deep concern and alarm every infraction of the consti¬
tution by the Congress of the Confederate States, and this
General Assembly doth, in their name, protest against such
infractions as of pernicious example and fatal tendency.
" Resolved, That the act of the late Congress entitled ' An
act to suspend the privilege of the writ of Habeas Corpus in
certain cases,' violates the fundamental maxim of republican
government, which requires a separation of the departments
of power, clothes the Exective with judicial functions, which
Congress cannot constitutionally confer even on the judiciary
itself, and sets at naught the most emphatic and solemn
guarantees of the constitution.
" Resolved, That this General Assembly, representing the
people of North-Carolina, doth not consent to the sacrifice of
the vital principles of free government in a war carried on
solely to secure and perpetuate them, and doth declare that
no condition of public danger, present or prospective, probable
or possible, can render the liberties of the people incompatible
with the public safety.
u Resolved, That the act of the same Congress entitled 1 An
act to organize forces to serve during the war,' declaring all
white men, residents of the Confederate States, between the
ages of seventeen and fifty to be in the military service, em¬
bracing in its provisions every State officer in all the depart¬
ments, Executive, Legislative and Jndicial, and subjecting all
the industrial pursuits of the country to military supervision
and control, reduces the. State governments to mere provincial
administrations, dependent on the grace and favor of Congress
1864.]
HOUSE JOURNAL.
45
and the Executive, is destructive of State sovereignty, and
imports an assertion of the power on the part of Congress
to convert the Confederate government into a consolidated
military despotism. *
" Resolved, That this General Assembly doth therefore
request our Senators and Representatives in Congress to use
their best endeavors to procure a repeal of the first mentioned
act, and such modification of the second as shall secure the
rights and preserve the integrity of the States of the
Confederacy.
" Resolved, That a copy of these resolutions be transmitted
to each of our Senators and Representatives in Congress."
And upon this question Mr. Person asks for, and the
House orders the yeas and nays, which are taken as fol¬
lows, viz:
Yeas—Messrs. Allison, Albritton, Alford, Amis, Avera,
Bernhardt, Barringer, Benbury, Best, Bond, Burgin, Carpen¬
ter, Carson, Carter, Cowles, Craig, Dunn,Flynt, Foy, Gentry,
Glenn, Greene, Grissom, Hampton, Harris of Chatham, Har¬
rison, Henry of Bertie, Henry of Henderson, Headen,
Hollingsworth, Howard, Horton, Ingram, Jenkins, Joyner,
Laws, Long, Lyle, Leathers, Mann of Hyde, Maim of Pas¬
quotank, McAden, McCormick, McKay, McNeill, McRae,
Nissen, Patterson, Pearce, Perkins, Riddick, Ritter, Robins,
Rogers, Russ, Russell of Brunswick, Sherwood, Slxober,
Smith off Guilford, Waddell, "Wallen, Walser, Watson,
"Wellborn, Woodall, Young of Iredell, and Young of Yan¬
cey—67.
Nats—Messrs. Beall, Brown, Bumpass, Burns, Cobb, Cost-
ner, Crawford, Davis, Duke, Frrancis, Gaskins, George,
Gilliam, Harris of Cabarrus, Hawes, Henderson, Hodges,
Judkins, Kirby, Lemmonds, Love, Peebles, Person, Reynolds,
Rhodes, Richardson, Rives, Robinson, Shepherd, Smith of
Washington, Stancill and Williams—32.
And so the resolutions are passed by the House.
Mr. Peebles introduces a resolution in the following
words, to wit:
46
HOUSE JOURNAL.
[Session
" Resolved by the Gerteral Assembly of the State of North-
Carolina, That the present is deemed a fit and suitable occa¬
sion to exhort the people of North-Carolina, by every con¬
sideration which can influence freemen and patriots to a
magnanimous surrender of all personal and party fends ; to
an indignant rebuke of every exhibition of factious temper;
to. a generous support of all branches of the State and Con¬
federate governments in the legitimate exercise of their
constitutional powers; and to that harmonious and unselfish
and patriotic co-operation which can alone impart to our
cause the irresistible strength which springs from united coun¬
cils, fraternal feelings and a fervent devotion to the public
weal; " which is agreed to by the House.
Eeceived from the Senate, a message informing the House
of the Senate's agreement to the House resolutions to
adjourn sine die on Monday next, the 30th instant, at 5
o'clock A. M.
Engrossed bill in relation to public millers is received from
the Senate, and passes its first reading.
Received a communication from his Excellency, the Gov¬
ernor, transmitting a report from the Adjutant General;
which is ordered to be transmitted to the Senate.
The bill to amend an act entitled "An act to charter the
Shelby and Broad River Railroad/' passes its third reading.
The resolution in favor of J. S. Montgomery, passes its
third reading.
The resolution in favor of Thomas I. Kenndy, passes its
third reading.
Leave of absence is granted to Mr. Lemmonds for the
remainder of the session from and after Friday next.
An act to incorporate the Mecklenburg Iron and Steel
Company, passes its second reading, and, under a suspension
.of the rules, passes its third -reading.
A bill authorizing the justices of Caswell county to regu¬
late the cleaning out of Moon's creek in said county, passes
its second reading,- and, under a suspension of the rules, it
passes itg third reading.
180*-.]
HOUSE'JOURNAL.
74
A bill to authorize the court of pleas and quarter sessions
of Lenoir county to appoint a tax collector for said county ;
which passes its second reading, after being amended, on
motion of Mr. Russ, by adding at the end of the 1st section :
Provided, That no person shall be appointed under 50 years
of age during the existence of the war.
A bill to amend the charter of the Gheraw and Coalfields
Railroad, is reading the second time, and, pending its con¬
sideration the House adjourns until to-morrow at 0
o'clock A. M.
* THURSDAY, Mat 26, 1864.
House called to order at 9 o'clock A. M. Journal read.
Leave of absence is granted Messrs. Long and Smith of
Guilford, from and after to-day.
Mr. Bryan asks leave to have his vote recorded in favor
of the passage of the resolutions, passed on yesterday by the
House, protesting against the suspension of the writ of
Habeas -'o/pus, &c. Granted.
Mr, Shepherd, from the Finance Committee, reports a res¬
olution in reference to the Public Treasurer, and a bill to
appropriate money for the military establishment of the State;
which pass their first readings. •
Mr. Allison, from the committee on Propositions and
Grievances, reports a bill to amend %n act authorizing the
erection of a toll bridge over the Catawba river, between the
towns'of Newton and Lenoir, recommending its passage.
Mr. McCormick, from the joint select committee qpon the
subject of impressments, reports a bill to secure the citizens
of North-Carolina against illegal impressments and other
wanton seizures of their property ; which "passes its first
reading.
Mr. Shepherd introduces a resolution to appropriate money
for the premises around the Governor's mansion; which
passes its first reading.
48
HOUSE JOURNAL.
[Session
Mr. Burgin introduces a bill to amend an act entitled "An
act to establish the bth judicial circuit," and a bill to change
the time of holding Buncombe and Madison superior courts ;
which pass their first readings.
Mr. Henry of Henderson, introduces a bill to authorize the
Buncombe Turnpike Company to increase their rates of toll.
Mr. McAden introduces a bill to amend an ordinance of the
convention incorporating the Piedmont Railroad; which
passes its first reading.
Mr. Riddick introduces a resolution in favor of D. T. Bag-
ley; which passes its first reading, and is referred to the
committee on Claims.
A message is ordered to be sent to the Senate, asking its
concurrence in the following nominations for justices of the
peace, viz:
Wm. L. Robinson, for Sampson ; Jno. K. McKenzey, Han.
W. McDonald, Carney C. Hunt and A. E. Cavendish, for
Moore; James F. Gilmer, for Cabarrus; Allen Brown and
Qnentin Ward, for Orange ; Jesse Colbrane, J. R. Caveness
and Wm. W. White, for Randolph ; J. M. Clarke and H. R.
Thomas, for Forsythe ; Henry Harris for Warren ; Murdock
McKinnon, Alexander Maxwell, J. C. Poe and Willie T.
Rhodes, for Cumberland, and Malcom Munroe, J. D. Hasket
and Duncan Kelly, for Bladen.
A bill to authorize the court of pleas and quarter sessions
of Lenoir county to appoint a tax collector for said county,
is read the third time.
•5-
Mr. Dunn moves to amend by striking out the amendment
adopted by the House, upon the second reading, providing
that no person under 50 years of age shall be appointed
during the war; which is agreed to, and the bill thenjpasses
its third reading.
The House then proceeds to the consideration of the bill
to amend the charter of the Cheraw and Coalfields Railroad,
which was read the second time on yesterday; the ques¬
tion being on the passage of the bill, Mr. Henry of Bertie,
asks for, and the House orders, the yeas and nays, which are
1364.]
HOUSE JOURNAL.
IT
M. Burgess, "Win. Sadler, George Credle and B. R. Roper, for
Ilyde; C. F. Young, for Yancey; Jesse Bailey, J. Bartlett
and W. Bailey, for Mitchell; R. II. Marlow, for Columbus;
Rev. Wm. Church and E. B. Cass, for Wilkes; Benjamin
Patrick and Harvey Hill, for Beaufort; J. N. Nelson and
John King, for Guilford.; Charles Sandthersand Levi Smath-
ers, for Haywood; John H. Redman and W. S. Colbert, for
Iredell; Townley Redfearn, for Anson ; Robert H. McCall
and Charles Mackey, for McDowell; James Reynolds, for
Rockingham ; Jos. M. S. Rogers and J. J. Long, for Northamp¬
ton ; Thomas T. Maxwell, for Davie; Thomas Thompson, for
Bertie ; Jos. A. Worth and D. McDugald, for Cumberland ;
Dixon Center and Wm. Parker, for Harnett,; Wm. Boudinot
F. M. Bizzell, W. W. McRacken, John Sellars, John R.
Chadwick, R. R. Miliken and George W. Wescott, for
Brunswick.
Mr. Walser moves an adjournment until to-morrow at 10
o'clock A. M.
Mr. Harris of Chatham, moves to ^mend by striking out
10 o'clock and inserting 9 o'clock. Not agreed to.
Mr. Walser's motion is agreed to, and the House is
adjourned.
SATURDAY,, Mat 20, 1864.
House called to order at 11 o'clock A. M. Joi rnal read.
Mr. Robbins asks leave of absence for Mr. Foust for the
remainder of the session. Granted.
Mr. Carter reports from the .committee on the Judiciary,
the bill to be entitled " An act for the benefit of the legal
representatives of deceased soldiers," with an amendment,
which being adopted, they recommended its passage.
Mr. Allison, from the committee on Propositions and
Grievances, reports the petition of Queen Victoria, (a free
woman of color,) and asks to be discharged from it8 further
consideration. Agreed to.
2
18
HOUSE JOURNAL.
[Session
Mr. Allison,, from the same committee, reports a bill to
amend an act ratified on the 17th of December, 1862, entitled
"An act to prohibit the distillation of spirituous liquors,"
with a recommendation lhat the same pass. He also reports
favorably a bill to repeal " An act to authorize the Governor
to employ slave labor in erecting fortifications and other
works." He also reports unfavorably a bill to authorize Wm.
Wray, of Cleveland county, to distil spirituous liquors for
medical purposes! He also reports favorably a resolution in
favor of J. S. Montgomery.
Mr. Costner, from the committee on Internal Improve¬
ments, reports a bill to amend an act entitled " An act to
charter- the Shelby and Broad River Railroad," with an
amendment, which if adopted, they then repommend the
passage of the bill.
Mr. Shepherd, from the committee on Finance, reports
unfavorably a bill to exempt certain persons from taxation ;
as also an act to authorize the justices of Lenoir county to
meet in special term to levy taxes.
-Mr. Burgin, from from the committee on Claims, reports a
resolution in favor of Thomas J. Kennedy, recommending
its passage. - \
mMr. Grissom, from the joint select committee on the Habeas
Goipus, reports resolutions concerning certain acts of the
late Congress of the Confederate States.
Mr. Person moves that they be printed. Agreed to.
Mr. Grissom moves that they be made a special order for
Tuesday next, the.24th.inst.,' at 11 o'clock A. M. Agreed to.
Mr. Waddell introduces resolutions to provide for a distri¬
bution of property among soldiers; which are referred to
the Judiciary Committee.
Mr. Kirby introduces a resolution concerning prices; which
is referred to the committee on Propositions and Grievances.
Mr. Rnss oilers a resolution that both houses of the General
Assembly adjourn sine die on Thursday next at 3 o'clock A.
M., and that a message be sent to the Senate.asking concur¬
rence therein; which is, upon Mr. Allison's motion, laid
on the table. ' • ' '
] 864.]
HOUSE JOURNAL.
19
On motion of Mr. McRae, it is ordered that a message be
sent to the Senate, proposing to raise a joint select committee
of two in the Senate, and three on the part of the House, to
take into consideration a time for the adjournment of the
General Assembly, and that they be requested to report as
soon as practicable.
Mr. Oarson introduces a resolution in favor of the sureties
of J. 0. Smith, late sheriff of Alexander county; which
passes its first reading, and, under a suspension of the rules,
it passes its second and third readings.
Mr. Wallin introduces a resolution in favor of Alexander
Houston; which passes its first reading, and is referred to
the committee on claims.
Mr. Person introduces a bill to incorporate the Cape Fear
Importing and Exporting Company ; which passes its first
reading, and is referred to the committee on the Judiciary.
Mr. Ru$s introduces a bill io incorporate the Cape Fear '
Lodge of A. T. Masons, No. 194, in Elizabethtown, Bladen
county; which passes its first reading.
Mr. Avera introduces a bill concerning the passage of fish
in Neuse river ; which passes its first reading, and is referred
to the committee on the Judiciary.
Mr. Walser introduces a bill to ■authorize the Governor to
purcliase leather for the use of indigent women and children •
which passes its first reading, and is referred to the joint
select committee upon so much of the Governor's message as
relates to the supplying of families of indigent soldiers.
Mr. Russell of Brunswick, proposes that a message be sent
to the SenateJ proposing to raise a joint select committee of
two on the part of the Senate, and three on the part of the
House, to consider and report upon the meabs necessary to
be adopted for the relief of the sufferers, caused by the
burning of. the town of Washington, Beaufort, county.
Agreed to.
Mr. Henry of Henderson, introduces a bill to amend an
act entitled " An act for the improvement of the roads in the
20
HOUSE JOURNAL.
[Session
counties of Henderson, Buncombe, Madison and Yancey ;''
which passes its first reading, and is referred to the committee
on the Judiciary.
Mr. Horton introduces a bill to authorize the county court
of Watauga to sell the old jail in the town of Boone ; which
passes its first reading.
A bill to establish a general criminal court for the 8th
judicial district, is read the second time, and, on motion of
Mr. Love, is laid on the table.
A bill to amend section 9, of 87th chap, of the Revised
Code, is read the second time, and rejected by the House.
Resolution exempting State and other officers from con¬
scription, are read the second time, and, upon its passage,
Mr. Walser asks for, and the House orders the yeas and nays,
which are taken as follows :
Yeas—Messrs. Allison, Amis, Avera, Bernhardt, Barringer,
Beall, Beam, Benbury, Best, Bryan, Carpenter, Carson,Cowles,
Craig, Drake, Dunn, Flynt, Foy, Glenn, Greene, Grissom,
Hampton, Henry of Bertie, Henry of Henderson, Headen,
Hollingsworth, Howard, Horton, Ingram, Jenkins, Keener,
Kerner, Lyle, Mann of Hyde, McCormick, McKay, McNeill,
McRae, Nissen, Parks, Perkins, Riddick, Ritter, Robbins,
Rogers, Russ, Russell of Brunswick, Sherwood, Shober, Smith
of Guilford, Spruil, Vann, Waddell, Wallen, Walser, Well¬
born, Woodall, Young of IredeM, and Young of Yancey—59.
Nays—Messrs. Brown, Burgin, Carter, Cobb, Costner, Craw¬
ford, Davis, Francis, George, Gilliam, Grice, Harris of Ca¬
barrus, Harris of Chatham, Hawes, Hodges, Joyner, Judkins,
Kurby, Leathers, (Lemmonds, Logan, Long, Love, Manning,
McAden, Patterson, Pearce, Person, Powell, Rhodes, Rhein-
hardt, Robinson, Shepherd, Smith of Washington, Stanford
•and Stancill—JJ6.
And so the resolution passed its second reading.
Upon Mr. Cowles motion, the .rules are suspended, and the
resolution is placed upon its third reading.
Mr. Person moves to amend by inserting after the word
thereof," in.8th line, the words " except piilitia officers and
1S64.]
HOUSE JOURMAL.
21
justices of the peace under the age of 45 years." Upon the
adoption of which, Mr. Person asks for, and the House orders
the yeas and nays, which are taken as follows, viz :
Yeas—Messrs. Beall, Beam, Brown, Burgin, Burns, Cobb,
Costner, Crawford, Davis, Drake, Francis, Gilliam, Grice,
Harris of Cabarrus, Joyner, Judkins, Lemmonds, Logan,
Love, Manning, Pearce, Person, Powell, Reynolds, Richard¬
son, Rheinhardt, Riddick, Robinson, Shepherd, Stanford and
Stancill—31.
Mats—Messrs. Allison, Amis, Avera, Bernhardt, Barringer,
Ben bury, Best, Bryan, Carpenter, Carson, Carter, Cowles,
Craig, Dunn, Flynt, Fonst, Fo}r, George, Glenn, Greene,
Gris^om, Hampton, Harris of Chatham, Hawes, Henry of
Bertie, Henry of Henderson, Headen, Hollingsworth, How¬
ard, Horton, Ingram, Jenkins, Keener, Kerner, Leathers,
Long, Lyle, Mann of Hyde, McCormick, McKay, McNeill,
McRae, Nissen, Parks, Patterson, Perkins, Rhodes, Ritter,
Robbins, Rogers, Russ, Russell of Brunswick, Sherwood,
Sliober, "Smith of Guilford, Smith of Washington, Vann,
Waddell, Wallen, Walser, Wellborn, Woodall, Young of
Iredell, and Young of Yancey—63.
And so the amendment is disagreed to by the House.
Mr. Person then moves to amend, by inserting as before,
the words " &?cept constables," and upon this he asks, and
the House orders the yeas and nays, which are taken as
follows, viz:
Yeas—Messrs. Beall, Brown, Burgin, Burns, Carter, Cobb,
Costner, Crawford, Davis, Duke, Foy, Francis, George, Gil¬
liam, Grice, Harris of Cabarrus, Harris of Chatham, Hawes,
Hodges, Joyner, Judkins, Keener, Lemmonds, Logan, Long,
Love, Lyle, Manning, Pearce, Person, Powell, Reynolds,
Rhodes, Richardson, Rheinhardt, Robinson, Russ, Shepherd,
Stanford and Stancill—38.
Mays—Messrs. Allison, Amis, Avera, Bernhardt, Barringer,
Beam, Benbury, Best, Bryan, Carpenter, Carson, Cowles,
Craig, Dunn, Foust, Glenn, Greene, Grissom, Hampton,
Henry of Bertie, Henry of Henderson, Headen, Hollings-
22
HOUSE JOURNAL.
[Session
worth, Howard, Horton, Ingram, Jenkins, Kerner, Leathers,
Mann of Hyde, McCormick, McKay, McNeill, McRae,
Nissen, Parks, Patterson, Perkins, Riddick, Ritter, Robbins,
Rogers, Russell of Brunswick, Sherwood, Shober, Smith of
Guilford, Smith of Washington, Spruill, Waddell, Wallen,
Walser, Wellborn, Woodall, Young of Iredell, and Young of
Yancey—55.
And so the amendment is not agreed to.
Mr. Rhodes moves to amend, by inserting as before, the
words " except the officers of the militia and magistrates
under 45 years of age, who are not engaged in farming."
Upon which, Mr. Oowles asks for, and the House orders the
yeas and nays, which are taken as follows, viz :
Yeas—Messrs Beall, Brown, Burgin, Burns, Costner, Duke,
Francis, Gilliam, Grice, Harris of Cabarrus, Hodges, Kirby,
Lemmonds, Long, Love, Manning, Person, Powell, Reynolds,
Rhodes, Richardson, Rheinhardt, Robinson, Russ, Shepherd
and Stanford—26.
Nats—Messrs. Allison, Amis, Avera, Bernhardt, Barianger,
Benbury, Best, Bryan, Carpenter, Carson, Carter, Cobb,
Cowles, Craig, Crawford, Flynt, Foy, George, Glenn, Greene,
Hampton, Harris of Chatham, Henry of Bertie, Henry of
Henderson, Headen, Hollingsworth, Howard, Horton,Ingram,
Jenkins, Joyner, Judkins, Keener, Kerner, Laws% Leathers,
Logan, Lyle, Mann of Hyde, McCormick, McKay, McNeill,
McRae, Nissen, Parks, Patterson, Perkins, Riddick, Hitter,
Bobbins, Rogers, Russell of Brunswick, Sherwood, Shober,
Smith of Guildford, Smith of Washington, Spruill, Stancill,
Waddell, Young of Iredell, and Young of Yancey—66.
And so the amendment is not agreed to.
Mr. Person moves to amend, by inserting as before, the
words " except so many of the militia officers, officers of the
home guard, justices of the peace, constables, and such other
classes of persons hereby exempted as the Governor may
deem unnecessary for carrying on effectively the State gov¬
ernments;" and upon this, Mr. Walser asks, and the House
orders the yeas and nays, which are taken as follows :
1864.]
HOUSE JOURNAL,
23
Yeas—Messrs. (Mr. Real asks to be excused from voting
upon this amendment. Excused.) Cobb, Crawford, Francis,
George, Gilliam, Hodges, Kirby, Lemmonds, Logan, Love,
Manning, Person, Reynolds, Rhodes, Richardson, Rives,
Robinson, Russ, Shepherd, Stanford and Stancill—21.
Nays—Allison, Amis, A vera, Bernhardt, Barringer, Beam,
Benbury, Best, Brown, Bryan, Burgin, Carpenter, Carson,
Carter, Costner, Cowles, Craig, Davis, Duke, Dunn, Flynt,,
Foy, Gentry, Glenn, Greene, Grice, Grissom, Hampton,
Harris of Cabarrus, Harris of Chatham, Haves, Henry of
Bertie, Henry of Henderson, Ileaden, Hollingsworth, How¬
ard, Horton, Ingram, Jenkins, Joyner, Jndkins, Keener,
Kerner, Laws, Leathers, Long, Lyle, Mann of Hyde,
McCormick, McKay, McNeill, McRae, Nissen, Parks, Pearce,
Perkins, Powell, Riddick, Ritter, Robins, Russell of Bruns¬
wick, Sherwood, Shober, Smith of Guilford, Smith of Wash¬
ington, Sprnil, Waddell, Wallen, Walser, Wellborn, Woodall,
Young of Iredell, and Young of Yancey—73.
And so the amendment is not agreed to.
Mr. Waddell moves to amend by inserting after the word
"thereof," in the 8th line, the words " and also all county
surveyors and jailors;" which is agreed to by the House—
Yeas 44, nays 34.
Received a communication from his Excellency, the Gov¬
ernor, transmitting a report from D. G.Worth, Esq., salt
commissioner; which is ordered to be sent to the Senate.
Received from S. F. Philips, Esq., Auditor of public
accounts, a report, which is Ordered to be sent to the Senate,
with a proposition to print the same.
Received a message from the Senate, insisting that the
joint select committees shall consist of an equal number
upon the part of each House; which is laid upon tho
table.
Received a message from the Senate, asking the House
concurrence in the nominations of John H. Hill and John T.
Kearrans, as justices of the peace for Randolph county.
u
HOUSE JOURNAL.
[Session
Agreed to; and also William G. Rankin, for Rockingham
county ; and Dr. Turner Wilson and W. J. Mitchell, for
Bertie County. Agreed to;
Mr. Howard introduces a bill to legalize the proceedings
of the county court of Davie, in laying the taxes for the year
1864 ; which passes its first reading.
Mr. Powell introduces a bill concerning the public roads in
Sampson county ; which passes its first reading, and is referred
to the committee on the Judiciary.
Mr. Shepherd moves to reconsider the vote by which the
House passed Senate bill in reference to they>«' diem and
mileage of members of the General Assembly for the present
session, its third readiiTg; which is not agreed to by the
House.
Upon motion of Mr. Avera, the House adjourns until Mon¬
day morning 10-o'clock A. M.
MONDAY, May 23, 1S6TU
House called to order at 10 o'clock A. M. Journal read,
Messrs. Patterson, McNeill and Ritter are announced as
* 1
the House branch of the joint select committee on enrolled
bills for the present week.
Messrs, Bernhardt and Hodges are announced as the com¬
mittee on engrossed bills for the present week.
Mr. Nissen introduces the memorial of the mayor, board
of commissioners and citizens of the town of Salemwhich
is read and referred to the committee on the Judiciary.
Received a communication from his Excellency, the Gov¬
ernor, transmitting the report of Jackson Johnson, Esq.,.
commissioner appointed to make settlement with Jacob Siler,
the agent of the State l'or the collection of Cherokee bonds *r
which is read, and ordered to be transmitted to the Senate,,
with a proposition to print, and' refer it to the committee
on Cherokee Lands and Western Turnpikes,
1864.] HOUSE JOURNAL. 25
Mr. McCormick introduces a bill concerning tlie North-
Carolina Institution for the Deaf, Dumb and Blind; which
passes its first reading, and, under a suspension of the rules,
passes its second and third readings.
Mr. Allison, from the committee on Propositions and
Grievances, reports a bill authorizing the justices of Caswell
county to regulate the cleaning out of Moore's creek, in said
county, with a recommendation that the same do not pass ;
he also reports, with amendments, a bill to be entitled a An
act to incorporate St. John's Lodge, at Kinston,in the county
ot Lenoir."
Mr. Costner, from the committee on Internal Improve¬
ments, reports, recommending its passage, a bill to amend
the charter of the Cheraw and Coalfields Railroad.
»Mr. Walser, from the Special Committee, reports, recom¬
mending its passage, the bill to authorize the Governor to
purchase leather for the use of indigent women and children.
Mr. Shepherd, from the joint select committee on impor¬
tations, &c, &c., reports resolutions to be laid before Con¬
gress in reference to the rights of North-Carolina in the
importation of goods; which is passed by the House, and
ordered to be immediately engrossed and sent to the Senate.
Mr. McKay, from the joint select committee, reports a bill
to amend an act to restore the courts and for other purposes ;
which passes its first reading, and, under a suspension of the
rules, passes its second and third readings.
On motion of Mr. Carter, Mr. Williams is allowed to record
his vote againt the passage, on its second reading, of the
resolution relative to the exemption Jrom conscription of
State officers.
Mr. Shepherd introduces resolutions in reference to a basis
of peace.
Mr. Sherwood moves that they be printed and referred to
a select committee of five, and that they be made the special
order for Wednesday next at 12 o'clock M., and continue
such until disposed of.
Mr. Amis moves to amend, by proposing to send a message
26
HOUSE JOURNAL.
[Session
to the Senate, proposing to raise a joint select committee of
five on the part of the House and three on the part of the
Senate, to whom they shall be referred ; which the Speaker
rules to be out of order.
Mr. Sherwood's motion is then agreed to, and Messrs.
Shepherd, Sherwood, Cowles, Person and Amis are appointed
said special committee.
Mr. Patterson introduces a resolution in favor of Walter
A. Thompson ; which passes its first reading, and is referred
to the committee on Propositions and Grievances.
Mr. Rogers introduces a resolution in favor of J. T. Walker;
which passes its first reading, and is referred to the committee
on Claims.
Received a message from the Senate, announcing Messrs.
Dickson and Patrick as the Senate branch of the committee
on enrolled bills for this week, and also concurring in the
proposition of the House, to raise a joint select committee of
two on the part of the Senate and three on the part of the
House, to consider and report upon the means necessary to
be adopted for the relief of the sufferers by the burning of
the town of Washington, and announcing Messrs. Warren
and Hoke as their branch of said committee. Messrs. Russell
of Brunswick, Perkins and Cobb, constitute the House branch
of said committee.
The same message informs the House of the Senate's agree¬
ment to the propositions of the House, to raise a joint select
committee of two on the part of the Senate and three on the
House, to take into consideration the time for the adjourn¬
ment of the General^Assembly, and announcing Messrs.
Wiggins and Wooley as their branch of said committee.
Messrs. McRae, Allison and Robbins, constitute the House
branch of said committee.
Mr. Ingram introduces a bill in favor of John A* Long;
which passes its first reading, and, under a suspension of the
rules, passes its second and third readings.
Mr. Cobb introduces a bill to amend the 35th chapter of
1864.]
HOUSE JOURNAL.
27
the acts passed at the adjourned session of 1863; which
passes its first reading, and is referred to the committee
on Finance.
Mr. Dunn introduces a bill to authorize the court of pleas
and quarter sessions ot Lenoir county to appoint a tax collec¬
tor for said county ; which passes its first reading, and is
referred to the committee on the Judiciary.
Mr. Gaskins introduces a bill to amend an act entitled " An
act to exempt certain.officers of the.State from ,co.n scription ;"
which passes its first reading.
Mr. Lemmonds introduces a bill to exempt -soldiers from
indictment; which passes its first reading.
Mr. Lemmonds moves its reference to the Judiciary
Committee.
Mr. Cowles moves its indefinite postponement, and, upon
this motion, Mr. Lemmonds asks for, and the House orders
the yeas and nays, which are takqn as follows, viz :
Yeas—Messrs. Allison, Albritton, Amis, Avera. Bernhardt?
Barringer, Beall, Best, Bryan, Burgin, Burns, Carpenter,
•Carson, Carter, Cobb, Cowles, Craig, Crawford, Davis, Dunn,
Flynt,Foy, Francis, Gaskins, Gentry, George, Gilliam, Glenn,
Greene, Grier, Grissom, Hampton, Harris of Chatham,
Harrison, Hawes, Henry of Bertie, Henr}7 of Henderson,
Headen, Hollingsworth, Howard, Horton, Ingram, Jenkins,
Joyner, Judkins, Keener, Kerner, Kirby, Laws, Leathers,
Logan, Long, Love, Lyle, Mann of Hyde, Manning, McCor-
,mick? McKay, McNeill, McRae, Nissen, Parks, Patterson,
Pearce, Powell, Reynolds, Richardson, Reinhardt, Riddick,
Ritter, Rives, Robins, Robinson, Rogers, Russ, Russell of
Brunswick, Shepherd, Sherwood, Shober, Smith of Guilford,
Bmith of Washington, Spruill, Stancill, Vann, Wallen, Walser,
Welborn, Williams, Young of Iredell, and Young of
Yancey—90.
Nays—Mr. Lemmonds.
And so the bill is indefinitely postponed.
Mr. Foy introduces a bill to repeal the act in relation to
23
HOUSE JOURNAL.
[Session
the militia and a guard for home defence ; which passes its
first reading, and is referred to the committee oil Military
Affairs.
A message is ordered to be sent to the Senate asking its
concurrence in the nomination of the following justices of
the peace, viz: L. A. Paschal, for Granville ; Thos. B. Hill,
for Orange ; "Win. S. Webster, Orpheus Hanner and Samuel
H.'Crutchfield, for Chatham county.
A bill entitled " An act for the benefit of the legal repre¬
sentatives of deceased soldiers," is read the second time; the
amendments proposed by the Judiciary Committee are
agreed to by the House, and as amended, the bill passes its
second reading; the rules are suspended, and the bill passes
its third reading; the bill is then ordered to an immediate
engrossment; and the communication received from his
Excellency, the Governor, upon the subject matter of this
bill, is order to be transmitted to the Senate with the
engrossed bill.
A bill to amend an act entitled "An act to charter the
Shelby and Broad River Railroad, is read the second time ;"
the committee's amendment to strike out all of second section
is agreed to; and as amended the bill passes its second
reading.
Resolution in favor of J. S. Montgomery, passes its second
reading.
A bill to amend an act ratified 17th December, 1862, enti¬
tled " An act to prohibit the distillation of spirituous liquors,"
passes its second reading, the rules are suspended, and it
passes its third reading.
A bill to authorize Wrri. Wray, of Cleveland county, to
distil spirits for medical purposes is read a second time, and,
on motion of Mr. Avera, is laid on the table.
Resolution in favor of Thomas J. Kennedy, passes its
second reading.
A bill to repeal an act entitled "An act to authorize the
Governor to employ slave labor in erecting fortifications and
other works," is read the second time, and, upon its passage,
1861.]
HOUSE JOURNAL.
29
Mr. Cobb asks for, and the House orders the yea3 and nay^,
which are taken as follows, viz :
Yeas—Messrs. Bernhardt, Barringer, Beall, Best, Burgin,
Burns, Costner, Dunn, Francis, George, Glenn, Hawes,
Keener, Kerner, Kirby, Leathers, Logan, Love, Lyle, McNd ,
McRae, Patterson, Powell, Richardson, Rives, Robins, Russ,
Russell of Brunswick, Sherwood, Smith of Guilford, Wallen
andWalser—32.
Nays—Messrs. Allison, Albritton, Amis, Avera, Beam,
Benbury, Bond, Brown, Bryan, Carpenter, Cobb, Cowles,
Craig, Crawford, Davis, Foy, Gaskins, Gentry, Gilliam,
Greene, Grier,Grissom, Hampton, Harris of Cabarrus, Harris
of Chatham, Harrison, Henry of Bertie, Henry of Henderson,
Hehden, Hodges, Howard, Horton, Ingram, Jenkins, Joyner,
Judkins, Laws, Lemmonds, Long, Mann of Hyde, Manning,
MeCormick, McKay, Nissen, Parks, Pearce, Peebles, Person,
Reynolds, Rhodes, Riddick, Ritter, Robinson, Shepherd,
Shober, Smith of Washington, Spruill, Stancill, Yann, Well¬
born, Williams, Young of Iredell, and Young of Yancey—63.
And so the bill is rejected.
Mr. Beall introduces a resolution in the following words,
to wit:
* Besolvqd, Tlmt his Excellency, the Governor, be requested
to transmit to this General Assembly any information he may
have in regard to the management and condition of the State
Salt Works, at Saltville, Ya.;" which is agreed to by the
House.
Mr. Shepherd introduces a resolution in reference to the
military organization known as Mallett's battalion ; which is
passed by the House.
Resolution in favor of H. B. Deaver, passes its second read¬
ing, and, under a suspension of the rules, it is passed its
third reading.
Resolutions concerning the listing and collection of taxes
in Watauga county, passes its seeond reading ; the rules are
suspended, and it is passed its third reading.
An act to authorize the trustees of Lenoir county to meet
30
HOUSE JOURNAL.
[Session
in special term to levy taxes, is read1 the second time; the
committee's amendments are agreed to, and, as amended, the
bill passes its second reading, and, under a suspension of the
rules, it passes its third reading.
A bill to enlarge the powers of the commissioners of the
town of Wilmington, passes its second reading*; the rules are
suspended, and it passes its third reading.
A bill to exempt certain persons from taxation, is read a
second time, and laid on the table.
An act to incorpprate the Cape Fear Lodge of A. Y. Masons,
No. 194, in Elizabethtown, Bladen county;« which passes its
second reading, and the rules are suspended, and it passes
its third reading.
A bill to authorize the county court of Watauga to sell the
old jail in the town of Boone, passes its second reading; the
rules are suspended, and it passes its third reading.
A bill to legalize the proceedings of the county court of
Davie in laying the taxes for the year 1S64, passes its second
reading, and, under a suspension of the rules, it passes its
third reading.
Received from the Senate, an engrossed bill to extend the
time for comparing the polls for certain counties and for
other purposes; which passes its first reading.
, Received from the Senate, the following engrossed House
bills, passed by the Senate, with amendments, viz:
A bill to incorporate the Trustees of the General Assembly
of the Presbyterian Church in the Confederate States of
America, and
A bill to protect cattle; the amendments to which are
agreed to by the House.
Received from the Senate, an engrossed resolution in ref¬
lation to Gov. "Vance, in the following words, to wit:
" Resolved, That his Excellency, Z. B. Vance, is justly en¬
titled to the confidence and thanks of this General Assembly
for the able, faithful and successful manner in which he has
heretofore discharged?and is now discharging, the complicated
and arduous duties of the Executive office, embarrassed as
1864.] HOUSE JOURNAL. 31
it has been by the difficulties growing out of the present
unjnst and fiendish war."
" Resolved, further, That Governor Vance has the most
hearty approval and cordial sympathy of this General Assem¬
bly, for the fairness and fidelity with which he has uniformly
adhered to the cause of our independence, and resistance to
the powers brought against us for our subjugation."
Mr. Cobb offers an amendment to said resolutions in the
following words, to wit:
" Resolved, That we have full confidence in the integrity
and patriotism of the President of the Confederate States,
and congratulate him and the whole country upon the suc¬
cess of our cause."
" Resolved, .That to the soldiers of the State, who have
nobly met the dangers of the. war, we are under a deep debt
of gratitude for the valor and fortitude with which they have
defended us from the assaults of our enemies in this cruel
war, so unjustly forced upon us by thenorthern government."
The. question being upon agreeing to the amendment, Mr.
Carter called for a division of the question; the question
then recurring, shall the first resolution of the amendment
be agreed to, ifyTr. Cobb calls for, and the House orders the
yeas and nays, which are taken as follows, namely:
Teas—Messrs. Bernhardt, Beall, Beam, Bryan, Carter,
Cobb, Costnor, Crawford, Davis, Foy, Francis, Gas-
kins, Gentry, George, Gilliam, Grier, Hampton, Harris of
Cabarrus, Harris of Chatham, Hawes, Henry of Henderson,
ITeaden, Hodges, Joyner, Judkins, Keener, Kirby, Lem-
mondSj Logan, Long, Love, Manning, McRae, Pearce, Pee¬
bles, Person, Powell, Reynolds, Rhodes, Richardson,
Reinhardt, Rives, Robinson, Russ, Shepherd, Stancill, Yann
and Williams—47.
Nays—Messrs. Allison, Albritton, Ayera, Barringer, Ben-
bury, Best, Bond, Burgin, Carpenter, Craig, Dunn, Flynt,
Glenn, Greene, Grissom, Harrison, Henry of J3ertie, Howard,
Horton, Ingram, Jenkins, Kern er, Laws; Leathers, Mann of
Hyde, McCormick, McNeill, Nissen, Parks, Patterson, Bitter,
32
HOUSE JOURNAL.
[Session
Robins, Rogers, Russell of Brunswick, Sherwood, Smith of
Guilford, Smith of Washington, Wallen, Walser, Wellborn,
Young of Iredell, and Young of Yancey—42.
And so the amendment is agreed to.
The question then recurring shall the second resolution of
the amendment be agreed to, the same was, upon the call
of the yeas, unanimously agreed to by the House.
The question then recurs, shall the resolutions, as amended,
be agreed to by the House ? And upon this, a division of
the question is asked and ordered ; the Speaker ruling that
they are now susceptible of but one division ; and upon the
question shall the first resolution be agreed to, the House
proceeds to vote npon the call of the yeas and nays as
follows, viz:
Yeas—Messrs. Allison, Albritton, Amis, Avera, Bernhardt,
Barringer, Beall, Beam, Benbury, Best, Bond, Brown, Bryan,
Burgin, Burns, Carter, Cobb, Costner, Craig, Crawford,
Davis, Dunn, Flynt, Foy, Francis, Gaskins, Gentry, George,
Gilliam, Glenn, Grier, Grissom, Hampton, Harris of Cabarrus,
Harris of Chatham, Harrison, Hawes, Henry of Henderson,
Ileaden, Hodges, Howard, Horton, Ingram, Jenkins, Joyner,
Judkins, Keener, Kerner, Kirby, Laws, Leathers, Lemmotids,
Logan, Long, Love, Lyle, Marin of Hyde, Manning, MeCor-
mick, McKay, McNeill, McRae, Nissen* Parker, Patterson,
Pearce, Peebles, Person, Powell, Reynolds, Rhodes, Rich¬
ardson, Reinhardt, Riddick, Rives, Robins, Russ, Russell of
Brunswick, Shepherd, ^herwood, Shober, Smith of Guilford,
Smith of Washington, Spruill, Staucill, Vann, Wallin,
Walser, Wellborn, Williams, Young of Iredell, and Young
of Yancey—93.
Nays—Messrs. Carpenter, Henry of Bertie, and Rogers—3.
And so the resolution is agreed to.
The question recurs, shall the other resolutions be agreed
to by the House ? and upon the question, the House pro¬
ceeded to vote upon the call of the yeas and nays, as
follows, viz:
use*.]
HOUSE JOURNAL.
38
Yeas—Messrs. Amis, Bernhardt, Barringer, Beall, Ben-
btiry, Brown, Bryan, Burgin, Burns, Carter, Cobb, Costner,
Crawford, Davis, Dunn, Foy, Francis, Gaskins, Gentry,
'George, Gilliam, Glenn, Grier, Hampton, Harris of Cabarrus,
Harris of Chatham, Harrison, Hawes, Henry of Henderson,
Headen, Hodges, Howard, Horton, Joyner, Judkins, Keener,
Kerner, Kirby, Leathers, Lemmonds, Logan, Long, Love,
Mann of Hyde, Manning, McCormick, McKay, McNeill,
McRae, Parks, Patterson, Peebles, Person, Powell, Reynolds,
Rhodes, Richardson, Reinbardt, Rives, Robinson, Russ,
Shepherd, Sherwood, Shober, Smith of Washington, Stancell,
Yann, Walser and Williams-—TO.
Nays—Messrs. Allison, Avera, Best, Bond, Carpenter,
Cowles, Craig, Greene, Grissom, Henry of Bertie, Hollins^p
worth, Ingrain, Jenkins, Lyle, Nissen, Ritter, Robins,.Rogers,
Russell of Brunswick, Sprnill, Wallen, Wellborn, Young of
Iredell^ and Young of Yancey—26.
And so the resolutions are agreed to.
Upon motion of Mr. Avera, the House adjourns until
to-morrow morning at 10 o'clock A. M.
TUESDAY, May 24, 1864.
Mr. Carter, from the Judiciary, reports favorably a bill to
legalize certain acts of the county court of Madison county.
Also, with amendments, a bill concerning the passage of
fish in Neuse riyer.
Also, favorably, a bill to incorporate the Cape Fear Import¬
ing and Exporting Company.
Also, a bill to amend an act entitled li An act for the im¬
provement of the roads in the counties of Henderson,
Buncombe, Madison and Yancey;" recommending its passage.
Also, favorably, a bill concerning public roads in Sampson
.county.
Also, favorably, a bill to authorize the court of pleas and
quarter sessions of Lenoir county to appoint a tax collector
for said county.
3
HOUSE JOTJMAL.
[Sessio®
He also reports, and asks to be discharged', from the further
consideration of the petition of the mayor and board of
commissioners and citizens of Salem, N. O. ; which is
agreed to.
Mr. Allison, frojn the committee on Propositions and
Grievances, reports, unfavorably, resolutions concerning
prices.
Also, favorably, a resolution in favor of Walter A.
Thompson.
Mr. Shepherd* from the Finance committee, reports unfa¬
vorably a bill to amend tbe 35th chapter of the act passed at
the adjourned session 1863.
Mr. Shepherd introducesa bill to repeal the act ratified the
20th of September', 1861, concerning winter clothing for our
troops ; which passes its first reading.
Mr. Gentry, from the committee on Cherokee Lands and
Western Turnpikes, reports a bill to amend an act entitled
An act to lay off and establish a Turnpike Road from
fasten Lynch's, in Rutherford county, to the Widow-Sails',
||n /Buncombe county;5' recommending its passage.
Mr. Gentry, from the same committee, reports a bill cof-
teeming the Western Turnpike Road, with an amendment, and
- asaamended, recommending its passage.
Mr. Patterson, from the committee on Privileges and Elec¬
tions* reports a bill to be •entitled "An act to amend an
^ordinance.of the convention entitled {an ordinance to secure
„ certain officers and soldiers the right to vote;'" recommending
■' its passage. The rules are suspended, and the bill passes its
. Second and third readings.
Mr. Person reports from the Military Committee, a bill to
amend an act entitled "An act .to amend an act in relation to
the militia and a guard ;for home defence ; " recommending
its passage.
Mr. Shepherd, from the Judiciary committee, reports,
recommending its passage, a bill to prohibit more effectually
the distillation of spirituous liquors.
Mr. Allison? from the joint select .committee, reports a reso-
1864.]
HOUSE JOURNAL.
35
lution that this General Assembly do adjourn sine die
•on Monday next, the 30th inst., at 5 o'clock A. M.; which is
agreed to. /
,Mr. Brown introduces a resolution in the following words,
to wit:
" Whereas, The principal clerk of the house lias been
absentsince the beginning of this session, and the Auties of hie
office have been discharged by the assistant clerk $ therefore,
" Resolved, That John A. Stanly, Esq., Assistant Clerk of
this House, shall receive the pay of the principal clerk, as well
as his own, during the time he has or may discharge the
duties of both officers." Which is agreed to by the House.
Mr. Lyle introduces a resolution relating to Confederate
notes received by fiscal agents of the State since the 1st of
April, 1864; which passes its first reading, and is referred to
the committee on Finance.
Mr. Rogers introduces a resolution in the following words,
viz:
" Resolved, That his Excellency, the Governor, be respect¬
fully requested to inform this House if any officers in the
Adjutant GeneraVsMepartment of this State, or any of his staff
officers,- are allowed to purchase supplies from the State
stores, and if so, what officers, and at what prices for these
supplies. Also, what allowances, if any, are made to said
officers in the way of forage for horses, commutation for
room rent and for wood. Also if such allowances are made,
and such supplies purchased, what law authorizes the same."
W hick is agreed to by the House.
Mr. Henderson offers a resolution in the following words,
viz:
" Resolved, That the Governor be requested not to claim
the exemption from conscription of any militia or home guard
offi jr, except the field officers of the militia and the com¬
manding officers in each captain's district, and that he also
■do not claim as exempts, magistrates under forty-five years of
age, jailors, nor county trustees ;" which is, upon Mr. Cowles
motion, laid upon the table.
36
HOUSE JOURNAL*.
[Session
Mr. Love introduces a bill in reference to the salaries of
the judges of the superior courts; which passes its first-.reading,
and is referred to the committee on the Judiciary-* :
Mr. Francis introduces a bill to exempt certain persons
from taxation ; which passes its first reading, and is referred
to the Finance Committee.
Mr. Iianipfon introduces a bill to legalize the sale of the
public jail and lot in the town of Wilkesboro'; whidh •passes
its first reading, and is referred to the committee on the
Judiciary.' ' ^
Mr. Person introduces a bill to afrie'nd an act to extend the
charter of the bank of the State of Korth-Carolma, \tfhich
passes its first reading, and is referred to the committee on
Finance. • :
Mr. Shepherd introduces a bill in reference to the invest¬
ment of trust funds in the bon'dg bf the Confederate States;
which passes its firstreadirig. • . .. *
Mr. Shober introduces a bill to be entitled an act to amend
an act entitled ''An act for the relief of landlords;** which
passes its' first reading, and is referred to the committee on
the Judiciary. * • '
Mr. Amis moves a reconsideration of the vote by which
the House on yesterday passed Senate resolutions in relation
to Vance.
Mr. Carpenter moves to lay this motion upon ~ the table,
and, npoii this question, being asked for, the House orders the
yeas and naju, which are taken as follows, to wit:
Yeas—Messrs. Alford, Brown, Carpenter, Cobb, Crawford,
Foy, Francis, George, Greene, Grier, Hawes, Henderson,
Lemmonds, Love, Manning, Peebles, PersoD, Reynolds,
Tlitter, Rives, Robinson, Rogers, Stancill and Vann—23.
Nays—Messrs. Allison, Albritton, Amis, Avera, Bernhardt,
Barringer, Beall, Benbury, Best, Bond, Bryan, Burgin, Burns,
Carson, Carter;'Costner, Cowles, Craig, Duke, Dunn, Flynt,
Gaskins, Gentry, Glenn, Grissom, Hampton, Harris of Cab.,
Harris bf ChatJ Hentry of Bertie, Henry of Henderson,
Headen, Hollingsworth, Howard, Horton, Ingram, Jenkins,
1861:.]
HOUSE JOURNAL.
37
Joyner, Judkins, Keener, Rerner, Kerby, Laws, Leathers,
Logan, Long, Lyle, Mann of Hyde, Mann of Pasquotank,
McCormick, McKay, McNeill, McRae, Nissen, Patterson,,
Pearce, Perkins, Powell, Rhodes, Richardsop, Reinhardt,
Riddick, Robins, Rnss, Russell of Brunswick, Shepherd,
Sherwood, Shober, Smith of Guildford, Smith of Washington,
Sp.ruill, Waddell, Wall en, Walser, Watson, Wellborn, Wil¬
liams, Wood all, Young of Iredell, and Young of Yancey—80.
And so the House refuses to lay on the table.
The question recurs upon Mr, Amis',motion,and upon this,
Mr. Person asks for, and the House orders the yeas and na}rs,
which are taken as follows,.viz:
Yeas—Messrs. Allison, Albritton, Amis, Avera, Bernhardt,
Barringer, Beall, Bea^, Benbury, Best, Bryan, Burgin,
Burns, Cowles, Craig, Duke, Dunn, Flyn-t, Gaskins, Gentry,
Glenn, Greene, Grissom, Hampton, Harris of Chatham,
Harrison, Henry of Henderson, Headen, Hodges, Hollings-
worth, Howard, Horton, Ingram, Jenkins, Keener, Kerner,
Laws, Leathers, Long, Lyle, Mann of Hyde, Mann of Pas¬
quotank, McCormick, McKay, McNeill, McRae, Nissen,
Patterson, Pearce, Perkins, Powell, Rhodes, Richardson,
Riddick, Ritter, Robins, Russ, Russell of Brunswick, Sher¬
wood, Shober, Smith of Guilford, Smith of Washington,
Spruill, Waddell, Walien, Walser, Watson, Wellborn, Wood-
all, Young of Iredell, and Young, of Yancey—71.
Nays-—Messrs. Alford, Brown, Carpenter, Carter, Cobb,
Costner, Crawford, Davis, Foy, Francis, George, Gilliam,
Grier, Harris of Cabarrus, Hawes, Henderson, Henry of
Bertie, Joyner, Judkias, Kirby, Lemmonds, Logan, Love,
Manning, Peebles, Person, Reynolds, Reinhardt, Rivee,
Robinson, Rogers, Shepherd,Stancill, Vann and Williams—35.
And so the House agrees to reconsider.
. The Speaker announces that the hour has arrived for the
consideration of the, special order of the day. Upon Mr.
Amis' motion, its consideration is postponed until the House
disposes of the pending business. Upon Mr. Amis' motion,
the vote by which the House agreed to the first resolutions in
38 , HOUSE JOURNAL. [Session
*
relation to Governor Yance, offered by Mr. Cobb, as an
amendment to Senate resolutions, is reconsidered.
Upon Mr. Richardson's motion, the vote by which the
House agreed to*the second resolution offered by Mr. Cobb
as an amendment to Senate resolutions in relation to Governor
Yance, is reconsidered.
Mr. Carter withdrew ftis motion for a division of the ques¬
tion, and the question recurs, shall the amendments proposed
by Mr. Cobb to Senate resolutions in relation to Governor
Yance be agreed to by the House ?
Mr. Cobb moves the postponement of the further consid-
sideration of the question until Thursday next at 12 o'clock
M. Agreed to—Yeas 48, Nays 40.
The Speaker announces the first business in order to be,
the deferred-special order, to wit : The resolutions concern¬
ing certain acts of the late Congress of the Confederate States.
Mr. Mann of Pasquotank moves to postpone the special
order until to-morrow at 10 o'clock A. M.
Mr. Harris of Chatham moves to amend by inserting 3
o'clock P. M. to-day, for 10 A. M. to-morrow; which is not
agreed to by the House.
He then moves to amend by inserting as before, 9 o'clock
A. M. to-morrow; which is agreed to by the Honse.
The Speaker lays before the House a eommnnicafcion
from the Public Treasurerwhich is referred to the Judiciary
Committee.
Mr. Brown, by leave of the House, introduces an act to
incorporate the Mecklenburg Iron and Steel Company; which
passes its first reading, and is referred to the committee on
the Judiciary.
On motion of Mr. Carter, leave of absence is granted to
Mr. Kerner for the balance of the session.
*On motion of Mr. Brown, leave of absence is granted to
Mr. Grier for the remainder of the session.
On motion, the House adjourns until to morrow at 9>
o'clock A. M„
1864.J HOUSE JOURNAL. 3$
WEDNESDAY, Mat 25, 1864.
House called to order at 9 o'clock A. 1&. Journal read.
Mr. Rogers presents the memorial of the Commissioners of
Raleigh, accompanied by a bill to cede certain lahds to the
city of Raleigh ; which passes its first reading, and is, together
with the memorial aforesaid, referred to the committee on
Propositions and Grievances.
Mr. Reinhardt presents the memorial of the stockholders
of the Catawba River Bridge Company, accompanied by a
bill to amend an act authorizing the erection of a toll bridge
over the Catawba river, between the towns of Newton and
Lenior; which passes its 1st reading, and is referred,
together with the memorial, to the committee on Propositions
and Grievances.
. Mr. Burgin reports favorably, a resolution in favor of
Alexander Houston; he also reports un^vorably a resolution
in favor of J. T. Walker.
Mr. Shepherd reports from the committee on Finance, a
bill to amend an act to extend the charter of the bank of the
State of North-Carolina; and
A resolntion relating to Confederate notes received by fiscal
agents of the State since 1st April, 1864, recommending
their passage.
He also reports a bill to exempt certain persons from tax-
tion, suggesting that the committee will offer an amendment
upon its second reading ; which, it adopted, they then recom¬
mend its passage.
Mr, Shepherd, from the joint select committee on the
resolutions in reference to a basis of peace, reports the same
back to the House, with amendments, recommending theif
-adoption.
f 'Mr. Russell of Brunswick, from the joint select committee,
reports resolutions in favor of the sufferers, caused by the
burning of the town of Washington; which passes its first
reading.
Mr. Shepherd presents two memorials from the citizens of
Fayetteville* accompanied by a bilk to amend the charter of
40
HOUSE JOURNAL.
*
[Session
the town of Fayetteville ; which passes its first reading, and
is referred to the committee on Propositions and Grievances-
Mr. Henry of Henderson introduces a bill in relation to
guardians and wards in Transylvania county; which passes
its first reading, and is referred to the Judiciary Committee.
Leave of absence is granted for the remainder of the
session to Messrs. Beam and Flynt.
Received from the Senate, engrossed resolution of thanks
to the officers and soldiers of North-Carolina ; which is agreed
to by the House.
Received from the Senate, the following engrossed bills and
resolutions, viz:
A bill to incorporate the Island Ford Toll Bridge Company^
iii the county of Rockingham ;
A bill to incorporat^he Stonewell Importing and Exporting
Company of the Coniederate States of America;
A bill transferring causes in equity depending in the courts
of certain counties;
A bill to alter the times of holding the superior courts of
law and equity in the sixth judicial circuit;
A bill to authorize the securities of Lewis "Williamson, Jate
sheriff of Columbus county, to collect art ears of taxes ;
A bill to prevent obstructions in the Big swamp by means
of fish traps; and
A resolution in favor of Alexander Smith, of Transylvania
county; all of which are passed their first reading.
The engrossed resolution requesting our Senators and
Representatives in Congress to urge a modification of the
tithing laws, is, upon Mr. Sherwood's motion, referred to the
committee on the Judiciary. '
Received from th3 Senate, the following engrossed bilP
and resolutions, to wit: ^
A bill to amend the 5th section of an act entitled " An act
to restore the courts and for other purposes," ratified the 14th
December, 1863;
Resolutions in favor of the speakers, clerks and door keep¬
ers; and
1SGL]
HOUSE JOURNAL.
41
A resolution concerning the acts of Congress; all of which
are passed their first readings. *
Mr. Shepherd introduces a bill to amend the charter of
the Fayetteville and Floranco Railroad; which passes its
first reading, and is referred to the committee on Internal
Improvements.
Mr. Shepherd introduces a bill to aid in the construction
of a Railroad from Florence, S. C., to Fayetteville; which
passes its first reading, and is referred to the committee on
Internal Improvements.
Mr. Carter, from the Judiciary Committee, by leave of the
House, reports an act to incorporate the Mecklenburg Iron
and Steel Company : recommending its passage.
The House proceeds to the consideration of the special
order of the day, viz :
Resolutions concerning certain acts of the late Congress ©f
the Confederate States, reported by the joint select committee
upon the subject of the suspension of the writ of Habeas
Corpus ; the resolutions are read.
Mr. Waddell offers a substitute in the following words,
to wit:
" Resolved, That the suspension of the writ of Habeas
Corpus by the Congress of the Confederate States, was an
unwise act, and that it ought to be repealed.
" Resolved, That our Senators and Representatives in Con¬
gress be requested to urge upon Congress the repeal , of said
law, and a copy of these resolutions be transmitted to them."
Mr. Person moves a division of the question, which .is
ordered, end upon the question of striking out all of the
committee's resolutions aiter the word " resolved;" Mr.
Waddell asks for, and the House orders the yeas and nays>
which are taken as follows, to wit:
Yeas—Messrs. Beam, Brown, Bumpass, Burns, Cobb,
Costner, Crawford, Davis, Duke, Foy, Francis, Gaskins,
George, Gilliam, Harris of Cabarrus, Harris of Chatham,
Hawes, Henderson, Hodges, Joyner, Jndkins, Kirby, Lem-
monds, Long, Peebles, Person, Rhodes, Reinhardt, Richard-
42
HOUSE JOURNAL.
ISfmm
son, Rives, Robinson, Russ, Shepherd," Spruil, Stancill,
Waddell and Williams—36.
Nays—Messrs. Allison, Albritton, Alford, Amis, Avera,
Bernhardt, Benbury, Best, Bond, Burgin, Carpenter, Carson,
Carter, Cowles, Craig, Dunn, Flynt, Gentry, Glenn, Greene,
Grissom, Hampton, Harrison, Henry of Bertie, Henry of
Henderson, Hollingsworth, Howard, Horton, Ingram, Jen¬
kins, Laws, Mann of Hyde, Mann of Pasquotank, McAden,
McCormick, McKay, McNeill, McRae, Nissen, Patterson,
Pearce, Perkins, Riddick, Ritter, Robins, Rogers, Russell of
Brunswick, Sherwood, Shober, Smith of Guilford, Smith of
Washington, Wallen, Walser, Watson, Wellborn, Waddell,
Young of Iredell, and Young of Yancey—58.
And so the House refuses to strike out.
Mr. Amis moves to amend by striking out in the 6th and
7th lines (printed copy) of first of committee's resolutions the
words "the repeated and manifest infractions," and insert in
lieu thereof the words " every infraction."
Mr. Peebles moves to amend the amendment by striking
out all after the word "resolved," in the committee's resolu¬
tions, and inserting as follows, viz :
"Thai ;n the opinion of this General Assembly,' there is in
North-Carina no public or political danger or evil that can
be averted or suppressed by a suspension of the privileges of
the Wri t o <' RcbeaAs Corpus.
u Resolved, That whilst this is our opinion, we are at thia
time uuwilling to assume the responsibility (which properly
belongs to Congress) of judgingof the necessity of a suspen¬
sion affecting all the States of the Confederacy alike which
is not agreed to by the House.
Mr. Amis' amendment is then Agreed to.
Mr. Waddell moves to amend by striking out all after the
word "resolved," and inserting as follows, viz :
" That as far.as North-Carolina is concerned, there was no
necessity for a suspension of the writ of Habeas Corpus, and,
therefore, be it resolved, by this General Assembly, that our
Senators and Representatives in Congress he requested to
urge upon their respective bodies a repeal of said law.
1864.]
HOUSE JOURNAL.
43
" Resolved, That a copy of these resolutions be transmitted
to our Senators and Representatives in Congress which is
not agreed to by the House.
Mr. Harris of Cabarrus, moves to amend by striking out
all after the word " that " in the 5th line (printed copy) of
the third resolution, and insert as follows, viz :
" Conditions of public daDger alone can justify the exercise
of the extraordinary powers of the constitution compatible
with the public liberty ; " \vhich is not agreed to.
Mr. Foy offers a substitute as follows, viz :
" Resolved, That under the constitution of the Confederate
States, Congress has the right, and is the judge of the neces¬
sity of suspending the writ of Habeas Corpus.
" Resolved, That we deny that Congress has any constitu¬
tional right to suspend any other guaranty of personal liberty
secured to the people of the Confederate States by the con¬
stitution thereof, to wit: 1 The arresting of any person without
warrant supported by oath or affirmation, and particularly
describing the place to be searched, and the person or thing
to be seized,' for the constitution declares that * the right of
the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures shall not
be violated ;' and that in suspending the writ by the recent
act of Congress, it has strode over other guarantees and safe¬
guards to personal and civil liberty, and ought to be repealed.
" Resolved, That our Senators in Congress be instructed and
our Representatives be requested to make an earnest effort
to secure the early repeal of said act.
" Resolved, That his Excellency, Governor Yance, is hereby
instructed and directed to forward a copy of these resolutions
to President Davis, and to Senators and Representatives
from North-Carolina which is not agreed to by the House.
Mr. MeCormick moves to amend by inserting the word
" constitutional" before the word " liberties," in the Cth line
(printed copy) of the third resolution ; which is not agreed to.
The question ihen recurs upon the passage of the resolutions
44
HOUSE JOURNAL.
[Session
as reported by Mr. Grisspnv, from the joint select committee,
as amended, and which are as follows, to wit:
" Resolutions concerning certain^acts of the late Congress of
the Confederate States:
"Resolved, That while the people of North-Carolina have
ever been and still are anxious to strengthen the administra¬
tion of the Confederate government in every legitimate way,
and to promote the success of the common cause, in order
that we may have a speedy and honorable peace, they view
with deep concern and alarm every infraction of the consti¬
tution by the Congress of the Confederate States, and this
General Assembly doth, in their name, protest against such
infractions as of pernicious example and fatal tendency.
" Resolved, That the act of the late Congress entitled ' An
act to suspend the privilege of the writ of Habeas Corpus in
certain cases,' violates the fundamental maxim of republican
government, which requires a separation of the departments
of power, clothes the Exective with judicial functions, which
Congress cannot constitutionally confer even on the judiciary
itself, and sets at naught the most emphatic and solemn
guarantees of the constitution.
" Resolved, That this General Assembly, representing the
people of North-Carolina, doth not consent to the sacrifice of
the vital principles of free government in a war carried on
solely to secure and perpetuate them, and doth declare that
no condition of public danger, present or prospective, probable
or possible, can render the liberties of the people incompatible
with the public safety.
" Resolved, That the act of the same Congress entitled ' An
act to organize forces to serve during the war,' declaring all
white men, residents of the Confederate States, between the
agea of seventeen and fifty to be in the military service, em¬
bracing in its provisions every State officer in all the depart¬
ments, Executive, Legislative and Jndicial, and subjecting all
the industrial pursuits of the country to military supervision
and control, reduces the State governments to mere provincial
administrations, dependent on the grace and favor of Congress
1661.]
HOUSE JOURNAL.
15
and the Executive, is destructive of State sovereignty, and
imports an assertion of the power on the part of Congress
to convert the Confederate government into a consolidated
military despotism.
" 'Resolved, That this General Assembly doth therefore
request our Senators and .Representatives in Congress to use
their best endeavors to procure a repeal of the first mentioned
act, and such modification of the second as shall secure the
rights and preserve the integrity of' the States of the
Confederacy. • ;
" Resolved, That a copy of these resolutions be transmitted
to each of our Senators and Representatives in Congress."
And "upon this question Mr. Person asks for, and the
House orders the yeas and nays, which are taken as fol¬
lows, viz:
Yeas—Messrs. Allison, Albritton, Alford, Amis, Avera,
Bernhardt, Barringer, Benbury, Best, Bond, Burgin, Carpen¬
ter, Carson, Carter, Cowles, Craig, Dunn, Flynt, Foy, Gentry,
Glenn, Greene, Grissom, Hampton, Harris of Chatham, Har¬
rison, Henry of Bertie, Henry of Henderson, Headen,
-Hollingswortk, Howard, Horton, Ingram, Jenkins, Joyner,
Laws, Long,- Lyle, Leathers, Mann of Hyde, Mann of Pas¬
quotank, McAden, McCormick, McKay, McKeill, McRae,
jSTissen, Patterson, Pearce, Perkins, Riddick, Ritter, Robins,
Rogers, Russj Russell of Brunswick, Sherwood, Shober,
Smith of Guilford, Waddell, Wallen, Walser, Watson,
Wellborn, Woodall,- Young of Iredell, and Young of Yan¬
cey—67.
Hays—Messrs. Beall, Brown, Bumpass, Burns, Cobb, Cost-
ner, Crawford, Davis, Duke, Frrancis, Gaskins, George,
Gilliam, Harris of Cabarrus, Hawes, Henderson, Hodges,
Jndkins, Kirby, Lemmonds, Love, Peebles, Person, Reynolds,
Rhodes, Richardson, Rives, Robinson, Shepherd, Smith of
Washington, Stancill and Williams—32.
And so the resolutions are passed by the House.
Mr. Peebles introduces a resolution in the following
words, to wit:
46
HOUSE JOURNAL.
[Session
" Resolved by the General Assembly of the State cf North-
Carolina, That the present is deemed a fit and suitable occa¬
sion to exhort the people of North-Carolina, by every con¬
sideration which can influence freemen and patriots to a
magnanimous surrender of all personal and party feuds ; to
an indignant rebuke of every exhibition of factious temper ;
to a generous support of all branches of the State and Con¬
federate. governments in the legitimate exercise of their
constitutional powers; and to that harmonious and unselfish
and patriotic co-operation which can alone impart to onr
cause the irresistible strength which springs from united coun¬
cils, fraternal feeling3 and a fervent devotion to the public
weal; " which is agreed to by the House.
Received from the Senate, a message informing the House
of the Senate's agreement, to the House resolutions to
adjourn sine die on Monday next, the 30th instant, at 5
o'clock A. M.
Engrossed bill in relation to public millers is received from
the Senate, and passes its first reading.
Received a communication from his Excellency, the Gov¬
ernor, transmitting a report from the Adjutant General;
which is ordered to be transmitted to the Senate.
The bill to amend an act entitled " An act to charter the
Shelby and Broad River Railroad/' passes its third reading.
The resolution in favor of J. S. Montgomery, passes its
third reading.
The resolution in favor of Thomas I. Kenndy, passes its
third reading.
Leave of absence is granted to Mr. Lemmonds for the
remainder of the session from and after Friday next
An act to incorporate the Mecklenburg Iron and Steel
Copipany, passes its second reading, and, under a suspension
of the rules, passes its third reading.
A bill authorizing the justices of Caswell county to regu¬
late the cleaning out of Moon's creek in said county, passes
it? second reading, and, under a suspension of the rules, it
passes its third reading.
1864.]
HOUSE JOURNAL.
74
A bill to authorize the court of pleas and quarter sessions
of Lenoir county to appoint a tax collector for said county ;
which passes its second reading, after being amended, on
motion of Mr. Russ, by adding at the end of the 1st section :
Provided, That no person shall be appointed under 50 years
of age during the existence of the war.
A bill to amend the charter of the Cheraw and Coalfields
Railroad, is reading the second time, and, pending its con¬
sideration the House adjourns until to-morrow at 9
o'clock A. M.
THURSDAY, Mat 26, 1864.
House called to order at 9 o'clock A. M. Journal read.
Leave of absence is granted Messrs. Long and Smith of
Guilford, from and after to-day.
Mr. Bryan asks leave to have his vote recorded in favor
of the passage of the resolutions, passed on yesterday by the
House, protesting against the suspension of the writ of
Habeas Gorpus, &c. Granted.
Mr. Shepherd, from the Finance Committee, reports a res¬
olution in reference to the Public Treasurer, and a bill to
appropriate money for the military establishment of the State ;
which pass their first readings.
Mr. Allison, from the committee on Propositions and
Grievances, reports a bill to amend an act authorizing the
erection of a toll bridge over the Catawba river, between the
towns of Newton and Lenoir, recommending its passage.
Mr. McCormick, from the joint select committee upon the
subject of impressments, reports a bill to secure the citizens
of North-Carolina against illegal impressments and other
wanton seizures of their property; which passes its first
reading.
Mr. Shepherd introduces a resolution to appropriate money
for the premises around the Governor's mansion; which
passes its first reading.
48
HOUSE JOURNAL.
[Session
Mr. Burgin introduces a bill to amend an act entitled " An
act to establish the bth judicial circuit," and a bill io change
the time of holding Buncombe and Madison superior courts ;
which pass their first readings.
Mr. Henry of Henderson, introduces a bill to authorize the
Buncombe Turnpike Company to increase their rates of toll.
Mr. McAden introduces a bill to amend an ordinance of the
convention incorporating the Piedmont Railroad; which
passes its first reading.
Mr. Riddick introduces a resolution in favor of D. T. Bag-
ley; which passes its first reading, and is referred to the
committee on Claims.
A message is ordered to be sent to the Senate, asking its
concurrence in the following nominations for justices of the
peace, viz:
Wm. L. Robinson, for Sampson ; Jno. K. McKenzey, Dan.
W. McDonald, Carney C. Hunt and A. E. Cavendish, for
Moore; James F. Gilmer, for Cabarrus; Allen Brown and
Quentin Ward, for Orange ; Jesse Colbrane, J. R. Caveness
and Wm. W. White, for Randolph ; J. M. Clarke and H. R.
Thomas, for Forsythe ; Henry Harris for Warren ; Murdoch
McKinnon, Alexander Maxwell, J. C. Poe and Willie T.
Rhodes, for Cumberland, and Malcofn Munroe, J. D. Hasket
and Duncan Kelly, for Bladen. -
A bill to authorize the court of pleas and quarter sessions
of Lenoir county to appoint a tax collector for said county,
is read the third time.
Mr. Dunn moves to .amend by striking out the amendment
adopted by the House, upon the second reading, providing
that no person under 50 years of age shall be appointed
during the war; which is agreed to, and the bill then passes
its third reading.
The House then proceeds to the consideration of the bill
to amend the charter of the Cheraw and Coalfields Railroad,
which was read the second time on yesterday; the ques¬
tion being on the passage of the bill, Mr. Henry of Bertie,
a6ks for, and the House orders, the yeas and nays, which are
1804:.]
HOUSE JOURNAL.
49
taken as follows, viz : Yeas—Messrs. Barringer, Beall, Ben-
bury, Brown, Burgin, Burns, Carson, Gilliam, Harris of
Cabarrus, Harris of Chatham, Henry of Henderson, Ingrain,
Love, Leathers, McAden, Richardson, Ritter and Sher¬
wood—18.
Nays—Messrs. Allison, Albritton, Amis, Avera, Beam,
Best, Bond, Bryan, Bumpass, Carpenter, Carter, Cobb, Cost¬
lier, Cowles, Craig, Crawford, Davis, Duke, Dunn, Foy,
Gaskins, Gentry, George, G-reene, Grissom, Hampton,
Harrison, Hawes, Henderson, Henry of Bertie, Head en,
Howard, Horton, Joyner, Judkins, Kirby, Laws, Lenimonds,
Logan, Long, Lyle, Mann of Hyde, Mann of Pasquotank,
McCormick, McKay, McNeill, McBae, Patterson, Pear'ce,
Perkins, Person, Powell, Reynolds, Reinhardt, Riddick
Rives, Robbins, Rogers, Rues, Russell of Brunswick, Shep-
lierd, Shober, Smith of Guilford, Walser, Watson, Wellborn,
"Woodall, Young of Iredell, and Young of Tancey—10.
And so the House refuses to pas3 the bill.
Mr. Costner, from the committee on Internal Improve¬
ments, reports a bill.to amend the charter of the Fayetteville
and Florence Railroad, recommending its passage ; also
A bill to aid in the construction of a Railroad from
Florence, S. C.,-to-Fayetteville; recommending that it do
not pass'.
Resolution in favor of, Walter A. Thompson, passes its
second reading.
Engrossed bill to extend the time for comparing the polls
in certain counties and for other purposes, passes its second
reading.
A ■bill concerning the Western Turnpike Road, is read,
the committee's amendments aVe agreed to, and it passes its
second reading.
A bill to prohibit more effectually the distillation of spirit¬
uous liquors is read the second time ; the committee's amend¬
ments are agreed to.
Mr. Cowles moves to amend by adding an additional sec¬
tion, as follows :
4
so
HOUSE JOURNAL.
[Session'
" That nolhing herein contained si all be eo construed aster
impose' any penalty upon tlie distillation of fruit/5 Which
is agreed to, and, as amended, the hill passes its second'
reading.
The Bill to incorporate the Cape Fear Importing and Ex¬
porting Company,-passes its second reading.
The bill fo amend an act entitled "An act to amend an1
act' in relation to the militia and a guard for home defence,"
read th'e second time, and indefinitely postponed.
A bill t<y be entitled an act to incorporate St. John's Lodge,
at Kinston,- in the county of Lenoir, is read the second time,-
and the committee's amendments are agreed to, and the bill
passes "its second read1.
The bill to legalise certain acts of the county court of
Madison county, passes its-second reading;
Resolution concerning prices,- is ready and- indefinitely
postponed.
Resolution in favor of Alexander Ilouston, passes its second'
f&ading.
hill concerning the passage of fish in Neuse river, is-
■read ifo# second time, the committee's amendments are agreed'
,tovand -the bill passes its second leading.
;A bill to .authorize the Governor to purchase leather for
the use of indigent women and children, is read the sec¬
ond tiine.
Mr. McAden itnoyes to lay the hill on the table, and upon
this question, Mr. ]W;cker asks for. and the House orders the
yeas and nays, which are taken as follows, viz:
Yeas—Messrs. AHsit®, Amis, Beam, Brown, Burgin,
Burns, Carter, Gilliam, Harris-of Cabarrus, Harrison, Henry
ot Henderson, Hodges,,Kirby, Lyle, Mann of Ilyde, McAden,
Perkins, Person, Powell, Reynolds, Richardson, Russell of
Brunswick,, Shepherd^ Shober and S.tancill—22.
Nays—Messrs. Albritton, Alf'ord, Avera, Bernhardt, Bar-
ringer, Beall, Benbury, Best, Bond, Bryan, Bumpass, Car¬
penter,. Carson, Cobb,, Costner, Co.w.les, Craig, Crawford,
Davis, Dunn, Foy, Qaskins, Gentry, George, Glenn, Greene,
1804.]
HOUSE JOURNAL.
51
Grissora, Hampton, Harris of Chatham, Henderson, Henry
of Bertie, Hollinga\Vorth, Howard, Horton, Ingram, Joyner,
Judkins, Keener, Laws, Leminonds, Logan, Long, Lo*e,
Mann of Pasquotank, McCormick, McKay, McNeill, MeRay,
Patterson, Pearce, Peebles, Rhodes, Reinhardt, Riddick,
Ritter, Rives, Robbins, Rogers, Russ, Sherwood, Smith of
Guilford, Waddell, Wallen, Walser, Watson, Wellborn, Wil¬
liams, Woodall, Young of Iredell, and Young of Yancey—70.
And so the House refuses to lay on the table.
Mr. Cobb then moves that the bill be printed and made
the special order for to-morrow at 12 o'clock M. Which is
agreed to.
Received two communications from his Excellency, the
Governor, which are ordered to be sent to the Senate,
The special order* for to-day at 12 M., viz: The engrossed
resolutions in relation to Governor Vance, is, the hour having
arrived, then read.
Mr. Cobb withdraws his amendment, and the resolutions
are agreed to by the House.
The bill, to amend an act entitled " An aet for the improve¬
ment of the ifiads in the counties of Henderson, Buncombe,
Madison and Yancey," passes its second reading.
The bill concerning public roads in Sampson county, passes
its second reading.
The resolution in favor of J. T. Walker, is read the second
time, and rejected by the House.
The hill to amend the 35th chapter of the act passed at
the adjourned session of 1863, is read the second time, and
rejected by the House. ■
The hill to amend an act entitled " An act to exempt certain
officers and employees of the State from conscription," passes
its second reading.
The bill to repeal an act ratified the 20th of September,
1861, concerning winter clothing for our troops, passes its
second reading.
The bill to amend the act entitled '- An act to lay off and
establish a turnpike road from Saxton Lynclrs, in Rutherford
52
HOUSE JOURNAL.
[Session
county, to the Widow Sails', in Buncombe county,"' passes its
second reading.
The resolutions relating to Confederate notes received by
fiscal agents of the State since 1st April, 1864, is read the
second time, and, on motion of Mr. Person, is laid on
the table.
The resolution in favor of the sufferers caused by the
burning of the town of Washington, passes its second reading.
The bill to amend an act to extend the charter of the
bank of the State of North-Carolina, passes its second reading.
The bill to incorporate the Island Ford Toll Bridge
Company, in the county of Rockingham, passed its second
reading.
The bill to incorporate the Stonewall Importing and
Exporting Company of the Confederate States of America*
is read the second time, and, upon Mr. Watson's motion, is
laid on the table. % .......
The bill transferring certain- causes in equity depending in
the courts of certain counties, passes its second reading. .
The bill to alter the times of holding the superior courts
of law and equity in . the 6th judicial cir&iit, is read the
second time.
Mr. Person moves its reference to the Judiciary Com¬
mittee. Which js not agreed to—it then passes its second
reading.
Leave of absence is granted to Mr. Lemmonds from and
after to-day for the remainder of the session.
The bill to prevent obstructions in the Big swamp by means
of fish traps, passes its second reading.
The resolution in favor of-Alexander Smith, of Transyl¬
vania county, passes its second reading,
The resolutions concerning the acts of Congress, passes
their second reading.
The hour of 1 o'clock P. M. having arrived, the special
order, viz : Resolutions in reference to a basis of peace, are
read the second time, as follows; to wit:
"Resolutions in reference to a basis of peace;
1864.]
HOUSE JOURNAL.
53
" Resolved, That the representatives of the people of North-
Carolina, convened in the General Assembly of the State,
gratefully acknowledging the goodness of Almighty God at
the present, and in the past, and humbly imploring His help
and deliverance in the days to come, anxiously, yet patiently,
and faithfully look forward to that happy season when there
shall be an end of bloodshed and carnage; when peace pur¬
chased as it will be with the most precious of human blood,
and established on the b' sis of honor and independence, shall
dwell once more within our borders.
" Resolved, That negotiations for peace by the separate
action of any one of the Confederate States of America,
whether in a convention of the people or otherwise, is without
any sanction in our form of government, and directly against
the provisions of our constitution, is full of the most serious
mischief, apart from its treasonable tendency, in producing
divisions among ourselves, in bringing reproach and dishonor
upon the name and character of the State, and in stimulating
to further efforts of conquest the spirit and temper of our
hateful and brutal foes.
" Resolved, That the history of North-Carolina throughout
the present war, the readiness with which her authorities
have responded to all the calls of the country, her large
sacrifices in men and money, the fixed determination of her
people never to submit to conquest and subjugation, nor to a
reconstruction of the Union, (which is subjugation tolerated
with imbecile and unmanly forbearance) all attest the sin¬
cerity and the earnestness of our devotion to the cause of
independence, and the establishing of our government on
the most honorable basis.
" Resolved, That the people of North-Carolina do not desire
and will never ask for any peace but that which shall
guarantee to the Confederate States of America entire sepa¬
ration from the United States, and the right to determine at
their own pleasure terms set forth in these resolutions, yet
having full confidence in the patriotism and the fidelity of the
President and of the Senate of the Confederate States, we
u
HOUSE JOURNAL.
[Session
abide by their judgment as to the mode and time of tender¬
ing negotiations to the authorities of the United States*
believing that a common feeling of honor, interest and safety
will accomplish the most happy results for us and our posterity.
" Resolved, That a copy of these resolutions be transmitted
bj his Excellency, the Governor, to the President of the Con¬
federate States, and to our Senators in Congress." Which is
agreed to by the House.
Mr. McAden then offers as a substitute for the resolutions
the following:
" Resolutions in reference to a basis of peace:
" Resolved by the General Assembly of the State of North-
Carolina, That whilst we regard the present war between the
Confederate States and the United States as a war of self-
defence on the part of the'Confederate States, yet we do not
hesitate to declare that for the sake of humanity, it becomes
our government, through its appropriate constitutional depart¬
ments, to use its earnest efforts to put an end to this unnatural
and unchristian work of carnage ; and to this end we ear¬
nestly recommend that our government, after signal successes
of our arms, and on other occasions when none can impute
its actions to alarm instead of a sincere desire for peace, shall
make the government of our enemy an official offer of peace,
on the basis of independence and nationality, with the propo¬
sition that the doubtful border Staies shall settle the question
for themselves by conventions to be elected for that purpose,
after the withdrawal of all military forces of both sides from
their limits.
" Resolved, That we believe that this course on the part of
our government would be hailed by our people and soldiery
as an assurance that peace will not be unnecessarily delayed,
nor their sufferings unnecessarily prolonged.
" Resolved, That while the foregoing is an expression of the
sentiments of this General Assenibly, respecting the manner
in which peace should be sought, we renew our pledges of
the resources and powers of this State to the prosecution of
the war (delensive on our part) until peace is- obtained upon
1£64.]
HOUSE JOURNAL.
5'5
.just'and honorable terms, and until the independence and
nationality of the Confederate States is established.'1'
Upon this, Mr. Person calls for a division of the question.,
and the yeas and nays having been ordered, the House pro¬
ceeded to vote upon the question of striking out the original
resolutions as amended as follows:
Yeas—Messrs. Allison, Albritton, Afford, Ay era, Bernhardt,
Barringer, Benbury, Best, Bond, Carpenter, Carter, Cowles,
Craig, Dunn, Gentry, Glenn, Grissom, Hampton, Harrison.,
Henry of Hertie, Howard, Horton, Ingram, Jenkins, Keener,
Laws, Mann of Hyde, Mann of Pasquotank, McAden,
McCormick, McKay, McNeill, McRae, Nissen, Patterson,
Pearce, Perkins, Rhodes, Riddick, Ritter, Robbing, Rogers,
Russell of Brunswick, Shober, Spruill, Walleti, Walser, Wat¬
son, Wellborn, Wood all, Young of Iredell, and Young of
Yancey—52.
Nays—Messrs. Amis, Benll, Brown, Bryan, Bumpass,
Burgin, Burns, Cobb, Costner, Crawford, Davis, Duke, Foy,
George, Gilliam, Harris of Cabarrus, Harris of Chat¬
ham, Ilawes, Benderson, Henry of Henderson, Headen,
Hodges, Joyner, Judkins, Kirby, Lemmonds, Logan, Love,
Long, Lyle, Leathers, Person, Powell, Reynolds, Reinhardt,
Richardson, Rives, Russ, Shepherd, Sherwood, Stancell and
Yann—42.
And so the House agrees to strike out.
The question then bring shall the substitute offered by,Mr.
McAden be agreed to by the House, it proceeded to vote as
follows, viz :
Yeas—Messrs. Allison, Albritton, Alford, Amis, Avera,
Bernhardt, Barringer, Beall, Beam, Benbury, Best, Bond,
Bryan, Burgin, Burns, Carpenter, Carter, Costner, Cowles,
Craig, Duke, Dunn, Foy, Gentry, Glenn, Greene, Grissom,
Hampton, Harris of Cabarrus, Harris of Chatham, Harrison.
Henderson, Henry of Bertie, Henry of Henderson, Headen,
Howard, Ilorton, Ingram, Judkins, Keener, Laws, Love
L3rle, Leathers, Mann of Hyde, Mann of Pasquotank, McAden'
McCormick, McKay, McNeill, McRae, Nissen, Patterson,
50
HOUSE JOURNAL.
[Session
Pearce, Perkins, Rhodes, Reinhardt, Richardson, Riddick,
Robbins, Rogers, Russell of Brunswick, Sherwood, Shober,
Smith of Guilford, Spruill, Waddell, Wallen, Walser, "Wat¬
son, Wellborn, Woodall, young of Iredell, and Young of
Yancey—78.
Nays—Messrs. Cobb, Crawford, Davis, Gaskins, Gilliam,
Hodges, Kirby, Powell, Reynolds, Rives and Shepherd-—11,
And so the substitute is agreed to.
The House then adjourns until 9 o'clock A. M. to-morrow.
FRIDAY, May 27, 1864.
Mr. Wood ell presented a petition from Alsey Mitchell, that
he be allowed to distill spirituous liquors for medical purposes.
Read, and report referred to the committee on Propositions
and Grievances.
On motion, leave of absence Was granted to Mr* Francis
for the remainder of the session.
Mr. Carter, from the committee on the judiciary, reported
House bill No 50, and asked to be discharged from its further
consideration.
Also, House bill No. 20, favorably with amendments.
Also, House bills No.'s 80, 82, 85 and 91, favorably to
their passage.
4-lso, against the passage of House bill No. 100.
Mr. Allison, from the committee on Propositions and
Grievances, reported favorably House bills No. 87 and 144.
Mr. Shepherd, from the select committee on that part of
the Governor's message relating to blockade running, sub¬
mitted a report, accompanied by a resolution, No. 117, to
regulate the exportation and importation of articles by the
State ; which was read iir£t time and passed.
Mr. Harris of Chatham introduced a resolution, No. 118,
in favor of L. J. Haughtoii And J. C. Hooker. Read first
time.and passed.
1864.] HOUSE JOURNAL.
57
-Mr. Waddell presented a resolution authorizing the Gov¬
ernor to protect the Deep River Navigation Works. Not
agreed to. j>
Mr. Brown presented a resolution affirming the confidence
of the Legislature in President Davis.
Mr. Carter moved that they be referred to a select com¬
mittee of five. Which was agreed to. Yeas 43, Nays 39.
A call for the yeas and nays being seconded by one-fifth of
the members present, those who voted in the affirmative are :
Messrs. Allison, Albritton, Amis, Avera, Bernhardt, Barrin-
ger, Beam, Benbnry, Best, Bond, Carpenter, Carson, Carter,
Co wdes," Craig, Dunn, Gentry, Greene, Grissom, Hampton,
Harrison, Hollingsworth, Howard, Horton, Jenkins, Mann of
Hyde, Mann of Pasquotank. McAden, McNeill, McRae,
Nissen, Parks, Patterson, Pearce, Perkins, Riddick, Ritter,
Bobbins, Rogers, Russell of Brunswick, Sherwood, Shober,
Spruill, Wallen, Watson, Wellborn, Woodall and Young of
Iredell—Yeas 48.
Those who voted in the negative, are :
Messrs. Alford, Brown, Bumpass, Burns, Cobb, Crawford,
Davis, Foy, Gaskins, George, Gilliam, Glenn, Harris of Cab.,
Harris of Ghat., Hawes, Henderson, Henry of Henderson,
Headen, Hodges, Joyner, Judkins, Keener, Kirby, Laws,
Leathers, Lemmonds, Logan, Love, Lyle, Person, Powell,
Reynolds, Richardson, Reinhardt, Rives, Russ, Shepherd,
Standi! and Waddell—39.
Mr. Mann of Pasquotank, a resolution requesting the
Governor to have removed some restrictions placed on
trade in Eastern North-Carolina by Gen. Pickett. Not
agreed to.
Mr. Shepherd introduced a bill, 119, to amend an act
entitled " Revenue." Read first time and then passed.
Mr. Gaskins, a bill 120, to raise a battery of light artillery
for State service. Read first time and passed.
Mr. Carter a bill 111, for the benefit of Beaufort and Hyde
counties. Read first time and passed.
Mr. McAden, a bill 122, to incorporate the Railroad Export¬
ing and Importing Company. Read first time and passed.
58
HOUSE JOURNAL.
[Sesison
-Mr. Carter, from the Judiciary Committee, a bill 123, a bill
to allow the Governor to call extra terms of supreme court.
Read first time and passed.
Mr. Carter, a bill i24, to amend the act creating the office
of Auditor. Read first time and passed.
Mr. Burgin, a resolution 125, in favor of Vm. Thompson.
Read first" time and passed, and referred to the committee
on Claims.
Mr. Shepherd, a resolution 126, concerning certain de-
troyed lands. Read first time and passed, and reported to
the committee on Claims.
Received from his Excellency, the Governor, a message,
giving information concerning the contract for salt in Yirginia
and transmitting papers relating thereto.
Received from the Senate a message, transmitting the bill
for the organization of Mallett's battalion, with an amendment
by that body. To which the House agreed.
The following bills passed their third readings and were
ordered to be engrossed and sent to the Senate:
House bill 43, to legalize certain acts of the county courts
of Madison county;
House bill 44, to prohibit more effectually the distillation
of spirituous liquors;
House bill 16, concerning the Western Turnpike ;
House bill 53, in favor of Alexander Houston;
House bill 54, to incorporate the Cape Fear Exporting and
Importing Company;
House bill 56, concerning the passage of fish in Neuse river ^
House bill 101, concerning the acts of Congress;
House bill 99, in favor of Alexander Smith, of Transyl¬
vania county ;
House bill 56, to amend an act for the improvement of the
roads in the counties of Henderson, Buncombe, Madison
and Yancey;
House bill 61, concerning public roads in tbe county of
Sampson ;
House bill 66, in favor of Walter A. Thompson ;
1864.]
HOUSE JOURNAL.
59
House bill 71, to amend an act to exempt certain officers
of the State from conscription ;
House bill 75, to extend the time for comparing the polls in
certain counties and for other purposes;
House bill 77, to repeal the act ratified Sept, 20th, 1861,
concering winter clothing for our troops;
House bill 78, to amend an act to lay off a turnpike from
Saxton Lynch's in Rutherford to Widow Sail's, in Buncombe
county;
House bill 83, to amend an act to extend the charter of the
bank of the State of North-Carolina ;
House bill 93, to incorporate the Island Ford Toll Bridge
Company, in the county of Rockingham ;
House bill 98, to prevent obstructions in the Big swamp
by reason of fish traps;
House bill 96, to alter time of holding the superior courts
of law and equity in the 6th circuit;
House bill 95, transferring causes in equity depending in
the courts of certain counties ;
House bill 89, in favor of the sufferers by the burning of
Washington.
On motion of Mr. Shepherd, the rules were suspended, as
to all other bills on the calendar.
The following bills were laid on the table :
Hoi se bill 81, to exempt certain persons from taxation ;
.House bill 84, in reference to the investment of trust funds
in bond^ of the Confederate States ;
House bill 103, to amend the act to restore the courts and
for other purposes;
House bill 112, to change the time of holding Buncombe
and Madison superior courts ;
House bill 113, to amend an act to establish the 8th judi¬
cial circuit;
House bill 50, to provide for the distribution of property
among soldiers, was indefinitely postponed.
The following bills were rejected :
Bill 87, to cede certain lands in the city of Raleigh;
60
HOUSE JOURNAL.
[Session
Bill 100, requesting our Senators and Representatives in
Congress to urge a modification of the tithing laws;
Bill 121, for the benefit of Beaufort and Hyde counties ;
Bill 122, to incorporate the Railroad Exporting and Import¬
ing Company;
Bill 105, to aid in the construction of a Railroad from
Florence, S. G., to Fayetteville, N. 0., was rejected by yeas
22, nays 63.
A call for the yeas and nays being seconded by one-fifth
of the members present, those who voted in the affirma¬
tive are:
Messrs. Allison, Barringer, Bryan, Burgiu, Carpenter,
Carson, Gentry, Gilliam, Greene, Harris of Chatham, Headen,
Ingram, Love, McCormick, McKay, McNeill, McRae, Person,
Rhodes, Rives, Shepherd and Sherwood—Yeas 22.
Those who voted in the negative are :
Messrs. Albritton, Amis, Avera, Bernhardt, Best, Bond,
Brown, Bumpass, Burns, Cobb, Costner, Cowles, Craig,
Crawford, Davis, Dunn, Foy, Gaskins, Grissom, Hampton,
Harris of Cabarrus, Harrison, Hawes, Henderson, Henry of
Henderson, Hodges, Hollingsworth, Howard, Horton, Joyner,
Judkins, Keener, Kirby, Laws, Logan, Leathers, Mann of
Hyde, Mann of Pasquotank, McAden, Nissen, Parks, Patter¬
son, Pearce, Peebles, Perkins, Powell, Reynolds, Reinhardt,
Ritter, Robbins, Rogers, Russell of Brunswick, Shober,
Stancill, Waddell, Wallen, Walser, Watson, Williams, Wood-
all, Young of Iredell, and Young of Yancey—Nays 63.
The special order was postponed until to-morrow morning
9 o'clock.
Mr. Harris of Chatham moved that a resolution con¬
cerning prices, laid on the table yesterday, be taken up. Not
agreed to.
Ordered, That the select committee on Mr. Person's reso¬
lution, be Messrs. Carter, Person, Foy, Grissom and
Rogers.
House bill 107, in relation to public mills, was read the
second time.
1864.]
HOUSE JOUENAL.
61
Mr. Brown moved to amend by striking out " one-
eighth " as toll, and inserting " one-tenth*"
Mr. Harris of Cabarrus moved to lay on the table.
^Agreed to.
Mr. Cowles moved to reconsider the vote by which the
motion to lay on the table prevailed. Agreed to.
The motion to laj on the table was not agreed to.
The amendment of Mr. Brown was adopted, and the bill
then passed its second and third readings.
The following bills passed their second and third readings:
House bill 80, in reference to the salaries of judges of the
superior courts;
Bill 82, to legalize the sale of the public jail and lot in the
town of Wilkesborough;
Bill 85, to amend an act for the relief of landlords;
Bill 88, to amend an act authorizing the erection of a toll
bridge over Catawba river, betwen Newton and Lenoir ;
Bill 90, to amend the charter of the town of Fayetteville ;
Bill 91, in relation to guardians and wards in Transylvania
county ;
Bill 102, in favor of speakers, clerks and door keepers;
Bill 97, in favor of the sureties of Lewis Williamson ;
Bill 104, to amend the charter of the Fayetteville and
Florence Eailroad Company ;
Bill 108, in reference to the Public Treasurer ;
Bill 109, to appropriate money for the military establish¬
ment of the State ;
Bill 110, to secure citizens of North-Carolina against illegal
impressments, <fec.;
Bill 111, to appropriate money for the premises around the
Governor's mansion ; ■
Bill 114, to authorize Buncombe Turnpike Company to in¬
crease their rates of toll; • •
Bill 115, to amend the charter of the Piedmont Eailroad
Company ;
Bill 117, concerning importation of goods by the Statey
„ Bill 119, to amend an act entitled "Eevenue."
-62
HOUSE JOURNAL.
[Session
Received from the Senate, a message, transmitting nomi¬
nations for magistrates. *
Mr. Powell moved that they be laid on the table. Not
agreed to.
The House then agreed to the nominations.
The following nominations for magistrates were made;
Mecklenburg—T. P. Grier; Stokes—M- T. Benton, W. H.
Flynt, Thos. J. Valentine and Win. Campbell ; Mitchell—D.
M. Young; Yadkin—A. S. Jones, Shad. Myers, Thomas Wil¬
liams and J. S. Salmons; Caldwell—M. A. Miller. .
SATURDAY, Mat 28, 1864.
Mr. Shepherd, from the Finance Committee, reported a
bill 127, to provide ways and means for supplying the
Treasury. Read first time and passed, and the rules being
suspended, the bill passed its second and third readings.
Mr. McKay, from the committee on Claims, reports House
bill No. 6, and asked to be discharged from its further consid¬
eration. Which was not agreed to.
Mr. Caiter, from the select committee on resolutions in
reference to President Davis, presented a report from the
majority.
Mr. Grissom presented a minorit}' report as a substitute.
Mr. Person called for a division on the question of striking
out and substituting.
The House-refused to strike out all after the word "resolved"
in the committee's resolutions, by yeas 22, nays 55.
A call for the yeas and nays being seconded by one-fifth
of the members present, those who voted in the affirma¬
tive are:
Messrs. Best, Bond, Carpenter, Cowles, Dunn, Greene,
Grissom, Henry of Bertie, Hollingsworth, Ingram, Jenkins,
Keener, McNeill, Parks, Perkins, Ritter, Bobbins, Rogers,
Russell of Brunswick, Wallen, Wellborn and Woodall—
Yeas 22.
1864.]
HOUSE JOURNAL.
Those who voted in the negative are :
Messrs. Allison, Albritton, Amis, Bernhardt,- Ben bury,
Brown, Burnpass, Burgin, Burns, Carson, Carter, Cobb,
Crawford, Davis, Duke, Foy, Gaskins, Gentry, George, Glenn,
Hampton, Harris of Cabarrus, Hawes, Henderson, Henry of
Henderson, Howard, Horton, Joyner, Judkins, Logan, Love,
Lyle, Leathers, Mann of H yde, Mann of Pasquotank, McAden,
McKay, McRae, Patterson, Pearce, Peebles, Person, Powell,
Rhodes, Reinhardt,. Richardson, Riddick, Rives, Russ, Shep¬
herd, Sherwood, Shober, Stancill, Waddell, Williams and
Young of Iredell—Na}Ts 56.
Mr. Grissom called for a vote on the resolutions separately.
The first resolution passed. Yeas 62, Nays 19.
A call for the yeas and nays being seconded by one-
fifth of the members present, those who voted in the affirma¬
tive are:
Messrs. Allison, Amis, Bernhardt, Barringer, Ben bury,
Brown, Bryan, Burnpass, Burgin, Burns,Carter,Cobb, Costner,
Craig, Crawford, Davis, Duke, Foy, Gaskins, Gentry, George,
Glenn, Hampton, Harris of Cabarrus, Hawes, Henderson,
Henry of Henderson, Howard, Joyner, Judkins, Keener,
Logan, Love, Lyle, Leathers, Mann of Hyde, Mann of Pas¬
quotank, McAden, McKay, McNeill, McRae, Parks, Patter¬
son, Pearce, Peebles^ Person, Powell, Rhodes, Reinhardt,
Richardson, Riddick, Rives, Russ, Shepherd, Sherwood,
Shober, Stancill, Waddell, Walser, Williams', Young of Iredell,
and Young of Yancey—Yeas 62.
Those who voted in the negative are :
Messrs. Alford, Best, Bond, Carpenter, Carson, Cowles,
Dunn, Grissom, Ilenry of Bertie, Hollingsworth, Ingram,
Jenkins, Ritter, Bobbins, Rogers, Russell of Brunswick,
Wallen, Wellborn and Woodall—Nays 19.
The second resolution was read and passed. Yeas 79,
Nays 0.
A call for the yeas and nays being seconded by one-
fifth of the the members present, those who voted the affirma¬
tive are:
64
HOUSE JOURNAL.
[Session
Messrs. Allison, Amis, Bernhardt, Barringer, Best, Bond,
Brown, Bryan, Burgin, Burns, Carpenter, Carson, Carter,
Cobb, Costner, Cowles, Craig, Crawford, Davis, Duke, Dunn,
Foy, Gaskins, Gentry, George, Glenn, Grissom,' Hampton,
Harris of Cabarrus, Ilawes, Henderson, llenry of Berne,
Henry of Henderson, Headen, Howard, Horton, Ingrain,
Jenkins, Joyner, Judkius, Keener, Laws, Logan, Love, Lyle,
Leathers, Mann of Hyde, Mann of Pasquotank, McAden,
McNeill, McRae, Nissen, Parks, Patterson, Peebles, Perkins,
Person, Powell, Rhodes, Reinhardt, Richardson, Riddick,
Rives, Robbins, Rogers, Russ, Russell of Brunswick, Shep¬
herd, Sherwood, Shober, Stancill, Waddell, Wallen, Walser,
Wellborn, Williams, Woodall, Young of Iredell, and Young
of Yancey—Yeas 79.
The third resolution then passed.
Mr. Shepherd presented a resolution instructing our Sen¬
ators and Representatives in Congress to urge the importance
of a Railroad connection from Florence, S. C., to Fayetteville,
N. C.- Agreed to.
Mr. Person presented a resolution calling on the Governor
for the continuation of the correspondence between himself
and the President relative to the Habeas Cotypus, Agreed to.
Mr. Shepherd introduced a bill 128, to amend the charter
of the Beaver Creek Manufacturing Company. Read first
time and passed, and, the rules being suspended, was passed
its second and third readings.
The special order was then taken up, it being House bill
57, to authorize the State to buy leather for indigent families
of soldiers.
The bill passed its second reading. Yeas 46, Nays 17.
A call for the yeas and nays being seconded by one-fifth of
the members present, tfiose who voted in the affirmative are:
Messrs. Bunbury, Best, Bond, Bryan, Carson, Costner,
Cowles, Craig, Crawford, Gaskins, Gentry, George, Glenn,
Grissom, Hampton, Henderson, Henry of Bertie, Hollings-
worth, Horton, Ingram, Jenkins, Jndkins, Laws, Leathers,
Logan, Love, Mann of Pasquotank, McNeill, Mcliae, Nissen,
1864.]
HOUSE JOURNAL.
65
Patterson, Pearce, Peebles, Perkins, Bernhardt, Riddick,
Hitter, Rogers, Shober, Wallen, Walser, Wellborn, Williams,
Woodall, Young of Iredell, and Young of Yancey—Yeas 46.
Those who voted in the negative are :
Messrs. Allison, Amis, Bernhardt, Bnrgin, Burns, Carter,
Cobb, Harris of Cabarrus, Henry of Henderson, Keener,
Lyle, Mann of Hyde, Parks, Richardson, Rives, Shepherd
and Stancill—Nays 17.
The bill was read the second time and passed. Yeas 46,
Nays 18.
A call for the yeas and nays being seconded by one-
fifth of the members present, those who voted in the affirma¬
tive are :
Messrs. Bernhardt, Benbury, Best Bond, Carpenter, Carson,
Costner, Cowles, Craig, Crawford, Dunn, Gaskins, Gentry,
Glenn, Greene, Hampton, Henderson, Henry of Bertie,
Hollingsworth, Howard, Horton, Ingram, Jenkins, Judkins^
Laws, Logan, Love, Mann of Pasquotank, McNeill, Nissen,
Parks, Patterson, Peebles, '* Person, Rhodes, Reinhardt,
Riddick, Ritter, Rogers, Shober, Waddell, Wallen, Walser,
Wellborn, Woodall and Young of Yancey—46.
Those who voted in the negative are:
Messrs. Allison, Bryan, Burgin, Burns, Carter, Cobb,
Harris of Cabarrus,* Hawes, Henry of Henderson, Keener,
Leathers, Lyle, Mann of Hyde, Richardson, Rives, Shep¬
herd, Spruill and Young of Iredell—Nays 18.
Received from the Senate a message, proposing to except
from the order to print the Governor's message, so much as
relates to certain documents from the Adjutant General's
office. Agreed to.
Received from the Senate a message, transmitting the
following engrossed bills, which passed their second and
third readings:
House bill 130, in regard to tolls on Western Plankroad;
Bill 131, to authorize chairmen of the boards of superin¬
tendents of common schools to sell bonds belonging to
the fund;
5
66
fiOtJSE JOURNAL.
[Sessio'tL
Bill 182, fot the relief of wives and families of soldiers in
the army ;
Bill 133, to amend the charter of the Lockville Mining
Company ;
Bill 134, in relation to. the acts regulating the salaries
ofjudgesj
Bill 135, to amend an act in relation to salaries and fees;
Bill 137, sustaining the Governer and affirming confidence
in the purity and patriotism of the judiciary;
House bill 136, the more effectually to, secure the benefits
of the writ of Habeas Corpus, and to prevent citizens in civil
life from being removed beyond the limits of the State, was
read the second time, and referred to the Judiciary Com¬
mittee. Yeas 40, Nays 27.
A call for the yeas and nays being seconded by one-
fifth of the members present, those who voted in the affirma¬
tive are:
Messrs. Allison, Albritto^, Amis, Bernhardt, Barringer,
Beall, Brown, Bryan, Burgin, Carter, Cobb, Costner, Craig,
Crawford, Duke, Boy, Gaskins, Gentry, George, Hampton,
Hawes, Henderson, Henry of Henderson, Horton, Ingram,
Judkins, Keener, Love, Lyle, McRae, Parks, Peebles, Person,
Rhodes, Bernhardt, Riddick, Rives, Shepherd, Stancill, Wal¬
ien and Williams—Yeas 40.
Those who voted in the negative are:
Messrs. Benbury, Best, Bond, Carson, Cowles, Dunn,
Greene, Henry of Bertie, Hollingsworth, Howard, Jenkins,
Mann of Hyde, Mann of Pasquotank, McCormick, McKay,
McNeill, Nissen, Patterson, Pearce, Perkins, Bobbins, Rus¬
sell ' of Brunswick, Shober, Wellborn, Woodall, Young of
Iredell, and Yonng of Yancey—27.
Received from the Senate a message, transmitting certain
amendments to House bill No. —, giving the chief justice or
a majority .of the judges, (instead of Governor) power to
call together the supreme court. Which was agreed to.
Received from the Senate sundry nominations for magis¬
trates ; which were concurred in by the House.v
1864J BOIJS& JOURNAL.
6T
Received from the Senate a message, transmitting a reso-
Untion., No.138., in favor of Brnry King. Which passed its
second and \ihkd readings.
Received from the Senate a message, transmitting House
hill Mo. 110, with amendments. Which were agreed to.
motion the House adjourned to 3 o'clock.
Afternoon SESSION, SATURDAY, MAY 28, 1864.
Mr. Person, from the committee on Military Affairs,
reported House bill 73 and 120, and asked to be discharged
from their further consideration. In which the House
concurred.,
Mr. Carter, from the Judiciary committee, reported House
.bill 136, favorably.
The question being upon the passage of the bill, a quorum
did not vote.
Mr. Carter called on Mr- Love to vote and be refused.
Mr. Cowles moved a call of the House. Agreed to.
The call was proceed with, and" the following persona
answered to their names: .
Peesent—-Messrs. Allison, Albritton, Amis. Bernhardt, Bar-
ringer, Best, Bryan, Bnrgin, Carpenter,Carson,Carter, Costner,
Cowles, Craig, Dunn, Gaskinsp Gentry, Glenn, Greene, Gris-
som, Hampton, Harris of Ca barrus, Henderson, Henry of
Bertie, Henry.of Henderson, H ollingswortli, Howard, Horton,
Ingram, Jenkms,Keener,Lyle, 2 Mann, of Pasquotank, Mc Aden,
McCormick, McKay, McNeill, McRae, Nissen, Parks, Pat¬
terson, Pearce., Perkins, Person, Richardson, Ritter, Bobbins,
Russ, Russell of Brunswick, Sh. epherd, Sherwood, Shober,
Spruill, Wallen, Walser, Well born, Woodall, Young of
Iredell and Yonng of Yancey-—59 V
And the following did not answe t t
Absent—Messrs. Afford, Avera, by leave, Beall, Beam, by
leave, Banbury, Bond, Biiown, Bunq >ass, Burns, Bynum, Cobb,
■Crawford, payenport, .Uosls, Duke, Plvnt, by leave, Fonst,
68
HOUSE JOURHAL.
[Sessions
by leave, Foy, Francis, by.leave, George, Gilliam, by leave,
Grier, by leave, Harris of Chatham;, by leave, Harrison,
Hawes, Headen, Hodges, by leave, Joyner, Jndkins, Kerner,
by leave, Kirby, Laws, Leathers, Lemmonds, Logan, Long,
Love, Mann of Hyde, Manning, Peebles, Powell, Reynolds,
by leave, Rhodes, Reinhardt, Riddick, Rives, Robinson,
Rogers, Russell of Craven, Smith of Guilford, by leave,
Smith of "Washington, Stanford, Stancill, Yann, by leav£,
Wadded, "Watson and Williams—57.
A quorum having been obtained by the proceedings
under the call, the bill passed its second reading. Yeas 54,
Hays 11.
A call for the yeas and nays being seconded by one-
fifth of the members present, those who voted in tlie affirma¬
tive are :
Messrs. Allison, Albritton, Amis, Bernhardt, Barringer, Beall,
Benbury, Best, Bond, Bryan, Bnrgin, Carpenter, Carson,
Carter, Cowles, Craig, Duke. Dunn, Gentry, Glenn, Greene,
Grissom, Hampton, Henry of Bertie, Hollingsworth, Howard,
Ilorton, Ingram, Jenkins, Keener, Lyle, Mann of Pasquo¬
tank, McAden, McCormick, McKay, McNeill, Mc'Rae, Hissen,
Parks, Patterson, Pearce, Perkins, Riddick, Ritter, Robbing,
Rnssel of Brunswick, Sherwood, Shober, Wallen, Walser,
Wellborn, Woodall, Young of Iredell, and Young of Y'aueey—
Yeas 54.
Those who voted in the negative are :
Messrs. Costner, Harris of Cabarrus, Henderson, Henry of
Henderson, Person, Richardson, Rives, Russ, Shepherd,
Spruill and Williams—Nays 11.
The bill then passed its third reading.
Mr. Carter moved that Mr. Cobb be censured and fined
$l0o for contempt of the House. Hot agreed to. Yeas 9,
Hays 53.
A call for the yeas and nays being seconded by ene-
ififth of the members present, those who voted in the affirma¬
tive are:
Messrs. Allison, Best, Carter, Cowles, Grissom, Keener,
1864.] HOUSE JOURNAL.
Mann of Pasquotank, Wellborn and Young of Yancey—
Yeas 9.
Those who voted in the negative ar©:
Messrs. Albritton, Amis, Bernhardt, Barringer, Benbury,,
Bond, Bryan, Burgin, Carson, Costner, Craig, Duke,. Dunn,
Gaskins, Gentry, Glenn,. Green.e, Hampton, Harris of Cabar-.
rus, Henderson, Henry of Bertie, Henry of Henderson,.
Hollingsworth, Horton, Ingram, Jenkins, Lyle, McAden,
McCormick, McKay, McNeill, McRae, Nissen, Parks, Pat¬
terson, Pearce, Perkins, Person, Richardson, Riddick, Ritter,
Rives, Robbins, Buss, Russell, of Brunswick, Shepherd,
Shober, Spruill, Wallen, Walser, Williams, Woodall and.
Young of Iredell—Nays 53.
Received from his Excellency, the Governor, a message,
transmitting the correspondence called for by resolutions;
which was read.
Mr. Person moved that it be printed in pamphlet form,
and live copies be given to each member.
Mr. Carter moved to lay that motion on the table. Net *
agreed to. Yeas 22, Nays 44.
A call for the yeas and nays being,, seconded by one-
fifth of the members present, those who voted in the affirma¬
tive are:
Messrs. Bernhardt, Best^ Burgin, Carter, Cobb, Costner,
Craig, Duke, Dunn, Ga&kins, Harris of Cabarrus, Henry of
Henderson, Keener, Lyle, McAden, McRae, Parks, Rearce,
Richardson, Russell of Brunswick, Shepherd and Young of.
Yancey—-Yeas 22
These who voted in the negative are :
Messrs. Allison, Albritton, Barringer, Benbury, Bondj.
Brown, Carson, Cowles, Gentiy, Glenn, Greene,. Grissom,
Hampton, Henderson, Henry of Bertie, Ilollingsworth, How¬
ard, Horton, Ingram, Jenkins, Jhdk'ins, Love, Mann of
Pasquotank, McCormick, McKay, McNeill, Nissen, Patter¬
son, Perkins, Person, Riddick, Ritter, Iiives^ Robbins, Rnss,..
SherwOod, Shober, Spruill, Wallen, Walser, Wellborn, Wil¬
liams, Woodall and Ydung of Ii^dell—Nays 44..
70
HOUSE JOURNAL.
[Session
The motion to print was then agreed to. Yeas 53,
Nays 14.
A call for the yeas and nays being seconded by one-
fifth of the members present, those who voted in the affirma¬
tive are:
Messrs. Allison, Albritton, Amis, Barringer, Benbnry,
Best, Bond, Burgin, Carson, Cowles, Craig, Crawford, Dunn,
Gentry, Glenn, Greene, Grissom, Hampton, Henderson,
Henry of Bertie, Hollingsworth, Howard, Horton, Ingram,
Jenkins, Judkins, Love, Mann of Pasquotank, McCormick,
McKay, McNeill, McRae, Nissen, Parks, Patterson, Pearce,
Perkins, Person, Riddick, Ritter, Rives, Robbins, Russ^
Russell of Brunswick, Sherwood, Spruxll, Wallen, Wal&er,
"Wellborn, Wililams, Woodall, Young of Iredell, and Yc-sng •
of Yancey—Yeas 53.
Those who voted in the negative are :
Messrs. Bernhardt, Brown, Carter, Cobb, Costne^. Gaskins,
Harris of Cabarrus, Henry of Henderson, Keener, Lyle,
McAden, Richardson, Shepherd and Shober—Nays 14.
The House then took a recess to half past S o'clock,
Night Session, SATURDAY, Mat 28, l$Gfl.
Received from the Senate a message,, transmitting the,,
following bills:
Bill 139, in favor of George W. Wyn,.y. Beat! first time,
passed, and referred to the committee on Propositions and
Grievances.
Bill 141, to incorporate the Plaster Bank Railroad Com¬
pany, passed its second and third readings.
Bill 140, to incorporate the Eayetteville Military Academy,
passed its second and third readings.
Mr. Shepherd, by leave, introduced a resolution, 142, in
favor of messengers in the Executive office. Passed its
second and third readings.
'1S64J HOUSE JOURNAL. 71.
Received from the Senate a message, transmitting a res¬
olution 143, of instruction to the Public Printer, in regard:
'to printing documents. Passediits second and third readings.
The House adjourned to Monday morning 4 o'clock.
MONDAY, Mat 30, 1864.
Received from the Senate a message, transmitting the fol¬
lowing engrossed bills, which passed their several readings
and were ordered to be enrolled:
A resolution in relation to the salaries of Judges ;
A bill to appoint a commission to collect claims of deceased
soldiers.
A number of enrolled bills were signed by the Speaker of
the House, and" sent to the Senate.
Mr. McKay presented the following resolution:
Resolved, That the thanks of this branch of the General
Assembly are due to Hon. R. S. Donnell, for the impartial
and efficient manner with which he has discharged the duties
of his official position. Which was unanimously agreed to..
The House of Commons then adjourned sine die.
R. S. DONNELL,
Speaker House of Commons,
HENRY E. COLTON,
Principal Clerk House of Commons.
INDEX.
ADJOURNED SESSION, 1864.
YEAS AND NAYS.
PAGE.
E.0II ij.1i 3
Vote on second reading of resolution exempting State and other
officers 2(1
amendment to same excepting militia officers and magistrates
under 45, 21
" " amendment io same excepting constables, 21
" " amendment to same excepting militia officers and magistrates
under 45, not farming, 22
" amendment to same, excepting so many militia officers,
magistrates, &c., as may be deemed unnecessary, 2b
' " indefinite postponement of bill to exempt soldiers from
indictment, 27
1 ' a bill to repeal "act to authorize the Governor to employ
slave labor on fortifications, &c.," 20
' the 1st of the resolutions of Mr. Cobb, amendatory of
resolutions in relation to Gov. Vance, 31
" " the 1st of the resolutions in relation to Gov. Vance. 32
" the other division of the resolutions in relation to Governor
Vance, as amended by Mr. Cobb's resolutions, 33
" " motion to lay on the table a motion to reconsider the passage
of resolutions in relation to Governor Vance, 36
" " motion to reconsider the said resolutions, 37
" " striking out and inserting of Mr. Waddell's substitute for
resolutions concerning certain acts of the late Congress,.. 41
" " resolutions concerning certain acts of the late Congress,.... 45
n " bill amendatory of the charter of the Cberaw and Coalfield
Railroad, 49
(i " motion to lay on the table bill authorizing the Governor to
purchase leather for indigent women, &c,, 50
xi
INDEX.
{•A'it-
Vote on striking out th$ original resolutions in reference to a basis
of peace, ' 55
" " the adoption of Mr. McAden's substitute for the same,.... 55
" reference to a select committee of resolutions of confidence
" " in President Davis, 57
" " bill to aid in construction of a Railroad from Florence, S. C.,
to Fayetteville, N. 0., GO
" 'striking out majority resolution of select committee on reso¬
lutions in relation to President Davis, 02
" 1st of the said resolutions, 63
" " 2nd of the said resolutions, 64
" " bill authorizing the purchase of leather for indigent families, 64, 05
" " reference of a bill the more effectually to secure the benefits
of the writ of Habeas Corpus, &c., to the Judiciary
committee, 60
" " House bill 136, OS
" " motion of Mr. Carter to censure and fine Mr. Cobb for con¬
tempt of the House, 68
" " motion to lay on the table a motion to print certain corres¬
pondence, 6y
" " the motion to print said correspondence, 70
MISCELLANEOUS.
Call of the House • 67