llH-iBo .l Jf't I-f:1 tVV! .1?. mmyff
,o o
.J- tin
! 1
' ' ' ' ' . ' -
7.';;;;.' -,. "tHE.CONstITUTION if DiXliB7i:iL.WS(tf THE GUARDIANS OF OUR, LIBiStyT ' V ;
t; mi :3'r. "V(T
lil
STATE COJCVENTTOIf.
land a mixed (mis la !(he Senate his luH-
v . 1 ' I ItJ.i.;. TL. ...Lxilitlai Hill aia .
fr.ra the committee .ppointeu 10 rev 11 e me t v; ul
the cwnnUWwMcb wkV ordered to be! 'I1e cen.ider.tion 1 of U r.ginal nrdi
Mr. lirniT iuu"uak(u ". mi"-b -t 7 t t , , . I
ctoititutida was taKen up ana
CaWweH of UurkV mottd to
ruuea to tnt ueou incurrea uv cuniicr
In .id uf the rebellion prohibiting the let
' Vjingoft tax to pay the aaine. ' t j read.? -'-
Mr.' Faulkner, from the' committee to s When Mr.
whom the lubjectwai referred, reported tn .mend the 9th section b diipenBiag.wlth
Ordinance to provide homeHeid for, the iritt Jij'jarj for miidemerttrs,4bt giting
' head t eerj !aroilj---50 acres of land, or stub trials to thaglstratei; the right of tp-
Mo towns and cities i ho.e audlot of cer pel being secured tolhe 1 ' ;
1... u'K .f.m;-...t - ' ' Mfisri. Moore PhilliDS.1 Bordet. Con
. . " Z ' . Z'Z ' -1 .' . 1
,' The ordinance te grant .mneitj and par. Igland, Dick and Walk on. "Tored it J ana
don to persons ueinling .gainst the law, iessrs. weueraie, MCKaj, rrt
iel. heme on ts second rea.lwt. several Winston opposed it.
. .mendments were proposed, ana,. spirite4 Pending the 'dlsetissiM rtne itna.
1 4 AM tV. nr.l m-rif.of the menl the Contention ad ourned - - - l
utm if 1 u k vi vm "' " . , . .
Wll. when it was relerrea, on mouon 01 wr. 1 vnji Biiriuaj, r. i.u, v ..- -w-t
rhUlini;to i committee of nine.' J ! mittee to whom was feferrea tne resoiuuw
The ordinance to oretent imprisenaaent relating to the staj law, reported to ordi-
(ho ni-otiiioni of the law an
j: '.amnioi nK ranttit m t ln&l I nlicibte ta all debti alike.
-w w - - . II '. . . " . 7. ... , 1 .(
laaeBdmeots. : s . , 4 Mr. Usckerjr. irom tne coramiuee 10
The ordinance coneermns debts or the whom was relerreu the erainance aou-n-
atite hereafter to bp contracitd, was take, mg imprisonment for dtbt,' reported au-
'n.and an houra debate hid thereon, but Urrislt thereon. iS i l ' J
f ? fort anr onai acuoa was turn, me con-1 1 ne cnmmmrc v wnow ''"'u
tent'ten atli6orned until to-morrow morning, ordinamre regulating interest, recommend-
10 clock. . i ' J ' lea its rejection. - - , ,
Un Tuesusjt Mr. uocxerj inirouacea 1 1 ine onnnianea ouiinrss 01 jiiem-,
resolation to raise a committee of five tu being the consideration of the report ot th
ttke into consideration the proprietj of ! committee on revision o! the conitiUtion,
film the Sate a mtereit in the Western land the ooeitlon recurrinj on the amend
. . . I ' 1 1 w 11 ' I lf. 1
k r. Raiiratd to anv comoaov 01 camia- imeni onerea or air. vjaiuweu. 01 uoiuaru.
... . w r . ? . 1 . . i
tins that will finith the rosd toCleaveland, to aection 9, article 1st, declaration' oi
Tcsasndsspported the propoitto with rights, which reads " that mi freeman shall
nm nnt remarks. The resolation was be cunvicted of an v crime but bv the unani-
mendsd bj increasing the number of the Imous verdict of t jurj of good and lawful
temmittee to aevcn, ana removing ine re- (men, in open court, as nereioiiiro usea. t
trietiun which fixed the Tennessee terrni-l Mr, Mebatie oBefed anamenament, that
bus .1 Cleat elan J i and in ihst ahape it the legiitatare tnav, however; provide I other
cased., s - 1 I modes or trial with right of appeal lor mis-
- A r 1 ' -L'.L " A . 1. Kla
A insjoritj repori irom iBtcoinmiiicv on luemeanor ; wnicn vii accepiea uj r
antrifltrates was submitted, with an ordi-1 Caldwell, when a lensthr and learned de
nance to ami oil the 53d section of the Con- J bate emued, participated in by Messrs. B.
. . . . r .v.. I 2 -It-. t.. . v. . . .- ow:ii:. .11 1
oember tad election bj the people ol mag- J Guilford, and others, consuming the re-
iiiraies. v . t : ; , , , ' roaming portion or the daj, ; without anj n-
The u.Siithed business, bein( an orui- nal action being had.
Ktnee cencerninc the debts of the State to Un Friday; Mr. Oockerj, from the com
be hereafter contracted, which providea mittte raised te eonider 'the proprietj and
that ee appropriation .hall be made bj the exredienej of autheriling a sale or the
Leeistatere. uoleas bv, a maioritjr ot thelesfern N.C. Rail Read, to anv companv
' caembers of each House, the teas and nartlrhat wilt guarantee to complete the fame,
t be recorded, upon eacnrsaamg, wasu 1 reported an ormaance, auinenzing aacn
ken ep and read. . ' jsaie. ueport ana ordinance, oraeiea 10 up
Sir. Furches moved to amend bj provid- printed lr 13 . 3
ine that 00 bill or restitutio tating the peo-1 M'. Jones, of Davidson, in trod u red a re-
pie, shall be psssed bj the Legislature ex solation to carry into effect the ordinance
cept eoder similar reatrictionsss to appro. f the Conveniinrecogniting the just
prtations. Adopted. The' ordinance was debts of the Ktate, and prohibiting the pay
IJien reicrrsa too cernramrc. menioi an puaue qcuib incurreu in aiu 01
Aa ordinance providing for the election of the rebellion. ' ' '
t Lieutenant Governor of the State was read I The Convention resumed the considers
the secoad time, pasted, and referred to It ion of the amended Conetitutinii, and the
Coaititulienal committee. , I question recurred on the amendment offer
am ordinance 10 prcTcni varntcni 01 iou 07 m r. mnore. 01 t ae, ai a vuiiuuic
County war debts waarelerred to war debt I lor the one offered bj Mr. Mebane to sec.
Oommmee.tr - , - y in. uu ai me uiuarivion bi minu.
Resolutions of respect to the memory oil After some discussion Mr. Moore, on
Messrs. Saunders, ol Onslow, Henrahan, oil leave, withdrew his.mendaent,and offer
Pitt, Fsison, of Sampson, and IS icholauo, led a substitute therefor ;
of liladen, deceased members ol the Ion-1 Out ih Gnral AwmMv mat eatat-rwh Coumof
An ArHininr rnnrvrninif th ritht At
tie State hereafter to be contracted and
revenue levied. Postponed,
On motion of Mr. McDonald, of Moore.
the resolutions " declarmz what has been
done and appointing a committee to en
quire what is neceesarj to be done, were
uaen up and read a second time. ;.
Mr. Richardson addressed the Conven
tion in opposition t the resolutions, Messrs.
UirK and McDonald favored them. tn- v
Mr. Richardson moved to Jay, on the ta
ble. Lost. yeas 20. nay. 71. : it '
The resolutions were thea referred to a
committee of seven. ;, t
tOq motion the Convention adjourned.
VCOUon, alter some appropriate adUrrseS, Record to bo htld puhlkl; anJ at ataie4 Urn and
" were adopted unar.iroouily, and Ihe Con ploeoa, by ;owo or awro Judgta or Justicta of ib
' toatien adjoarnad. - . h?"",J dwmioo, wiibout ant
o w,aV.d.y. Mr. ciM.tii .r o.ii; sKUjf XSttXZl
vfrd, IntrrMluced an ordinance tu restrict Mim.at.wliBnateritioaecut-daUalUowMniwU
MiaaniMBt.
debts contracted by the State to 0 per cent. M tried.
Interest ahe Mortgages n railroads, in Oh5ciion trat madebv Mr.Ttntdenand
wnicn me oioit: . ,i W ,cr""l, othera. and the question recurring on the
lnxereai. neau Kt rwcrrcu amendment to the;amendment, it was re
Constitutional Committee. lected ates 8; noes 95.
. a - il a . ,- - .
ah orutnaace v amtnu 100 cuoauiuiioa The nuestton recurring on the amend
in relation to bomeateads was made optcial !. h t. Mebmo. ..lont
rder of to-morrow morning U o'clock. Lj..it . BAta 48.
ihe special order beiogao oiataence to af.:r IofH verbal - amendments, the
change the basis ol reprei60Ution,Teportlil.P,,p rn.;,!. ration of the amended Con
ed bj the committee, was taaca j ana
eensidereu.
Mr. Love of atksen. moved that in er-
dinance offered bj himself be adopted as a
stitution was postponed until Monday
a ne contention men anjuarneu.
On Satordav, Mr. Moore; from the con
stitutional committee,' reported back the
eubstitute. and proceeded to address the Lrdinant ratinf-the' office of Lieuten
Contehtioa urging the .dsptiun of hrs sab tnt Goternof, recommending that its pre
'ititute. He said the ordinance bj the 10m. vision be aubstantitllj iflcerperited is Us)
tattUe proposed a kite bull in the 11 oau conitirttiaty. -
THE BANKRUPT BILL
Tnt foltowiog is a summary of the bank
rupt law as it passed the House:
, Pie 1st -section constitute, the district
courts of the United States eourta of bank
ruptcy. , . , , . r .j - 1
, .The 2d section gives the United States
circuit courts general superintendence and
jurisdiction oi all cases and questions aris
ing uiiaertne act. Jt v, ,t
; .Sections 3 to 7, tnclsstte, relate to the
administration of the law in courts of bank
ruptcy. ;, rn .'l'-''.t '.Y-- '
r , Sections 8, 9 and 10 refer to appeals and
practice. , v' . tn,..,', t ?,.- ,-,-,-
The 11 tli section protides that if sny
person reaiding within, the jurisdiction of
the United States, owing debts over three
hundred dollars, shall apply by petition to
the judge of his judicial district, setting
out bis inability to pay, his debts in full,
and his willingness to surrender his estate
for the benefit of his creditors, the filing
of such petition' ahalj be an act of bankrupt
cy, and such petitioner shall be adjudged
a bankrupt. , A warrant shall then be is
sued by the judge directing the marshal of
the district to take possession of the estate
and keep the same until the appointment of
. . i .
an assignee, nonce is men 10 o given to
creditors to hold a meeting and choose one
or more assisfees.
Sections 12 to 1 8, inclusive, define, in
rreat detail, the duties of assignees.
The sections 19 to ?4, inclusive, relate
to debt, and proof of claims.
Section 5 provides for the sale of per
ishable property, .
Section 25 provide, for the examination
of bankrupts before the court, and exempts
them from the liability of arrest during
the pendency of the proceedings in civil
actions. ;.. .- -
Section 2? relates to the distribotion. of
the bankrupt, estate. All creditors, whose
debt, are duly proved and allowed, are to
. . 1 . 1 t. .
oe enimen to snare in me oantmpi prop
erty. pro rata, without any priontj or pre
ference nhateer, except tint wages'due
Irom him to any operative, clerk or house
servant to an amount not exceeding fifty
dollar, for labor performed within aix
months next preceding the Adjudication of
bankruptcy, aha 1 1 be entitled to priority
and .hail be first paid in lull in the order
for a dividend, the following claim, are to
be entitled to nrieritj or preierenci and
10 oe nrst paid in 1011 in tne leuuwic vr
den
I. Fees, cost and expenses of suits, and
for tbe t uslody of property.
2. All debts doe to the United States,
and all taxea and Assessments under the
laws thereof.
3. All debt, due to the State in which
the proceeding in bankruptcy are pend
1 nr. and all taxes and asesmeot. made
under the lawa of aoch State.
4. Wages due to any operative, clerk or
house servant, to an amount nut cxcccamg
50 for labor performed within sit mouths
axt preceding the first publication 01 we
notice or proceedings in nanaraptcj. 1
3. All debts doe toanj person who, bj
the laws of the United states, are or nay
be entitled to a priority or preference in
like manner as if thi. act had not been
passed. Always provided tbst nothing con
tained in the act shall interfere .with-the
asessment and collection of taxi, bj the
United State, or any State.
Section 29 and the five following ec
tioni, relate to the bankraptcj iHicharge
awaits effects. . If it shall appear to the
eourt that the bankrupt ha. in all things
conformed to hi dut j under this act; and
that he 1. entitled under the provision,
thereof to receive a, discharge, ; the court
shaU grant him a discharge from all his da
ties except as thereafter provided, and .hall
give him a certificate thereof under the aeal
of the court. ::.,
' 1 Section 35 declares preferences and fraa
dulent conveyance, void.' ? : ;
Sections S6, 57 and 58 relate to bank
ruptcy of partnerships and corporationiand
to dates and depositions; ' -i .
Sections 39 to 42 inclusive, provide for
the case of involuntary bankruptcy; .de
parture from the State, avoiding the ser
vice of legal process, removal or conceal
ment of property, fraudulent assignment of
property, arrest and detention lor debt for
period or seven days, confession J judg
ment, or suspension of payment of com
mercial paper Tot fourteen days, shall be.
deemed an act of bankruptcy. . t ':
1 section 43 protides lor tne -npercetltng.
of the bankrupt proceeding, bj arrange
nttnt. ' t'-h.i
Section 44 provides penal ties asain.t
bankrupts for concealment of propertj,
falsifying books or papers, fraudulent as
signment or conveyance of pYoperty, spend-.
ing in gaming, permiumg a ncimous oeoi
to be . proved against him, ' of obtaining
goods on credit fraud alenxlj withia three
month, of the commencement of the pro
ceedings in bankruptcy; these are to be
deemed misdemeanors, and punished. bj
imprisonment, with or without hard. labor,
for a term not exceeding three jears.
Sections 45 and 46 provide penalties a
gainst officers in administering the law.
Section 47 regulates fee. and cost. -f
Section 43 regulates stamp duties on pe
titions, warrants, &c. 1 - J
Sections 49 and 50 define the meaning
of terras and computation of time.
Section 51, and last, enact, that thi. act
shall commence and take effect, as. to the
appointment of the officer, created hereby,
and the Promulgation of rales and general
orders, from and after date of its approval;
provided that no petition or other proceed
ing trader this act shall be filed, received
or commenced before the 1st day of No
vember, 1866. t . -i
lbs Question of Rejloratloi Iilemilng
Letter froa a Republjcta hist.
Judge H. I. Comstock, of Wyoming
county. New York, who ha. bees a prom
inent and influential Republrcan, has pub
lished a letter en the political condition of
the country. He, io common with a large,
number of eminent jarists, throughout the
country, is in favor of the policy of the
President for restoring the Southern States.
The New York Times give, the points of
his argument a. follow.! .
- He says the question to be decided is,
whether the Union is saved or. destroyed.
The Congressional Joint Committee virtu
ally tells uf that it is destroyed, and that
amendments to the Constitution, to be rat
ified by each of the State, lately in rebel
lion, are necessary to its restoration.; It
is, he says, absurd to suppose that it can
ever be restored on seen terms. ! If this
policy prevails, the Union is destroyed.
The effect of adopting the report of the com
mittee will be to unite the South snd di
vide the North. The Union party can ne
ver stand together on such a platform, and
whosoever believes it ran must be verj ig
norant of the signs of the time.. The State,
lately in rebellion will become more and
more disaffected, and, if held at all, must
be held as subject province, by military
force. Nothing but , absolute necessity
should lead tn the adoption of such a poli
cy, and it will be difficult to convince the
world that such a necessity exist, when
there is not an armed rebel in the laod, nor
the slightest reason to fear another rebel
lion, unless a portion ot the people are de
nted their rights. Loyal members ought
to be allowed to take their seats, ar.J Con
gress cannot deny the right of representa
tion to any portion of the people without
Violating the Constitution and disslviug
the Union; . Either these States are not ia