Newspapers / The Raleigh Register (Raleigh, … / Feb. 14, 1855, edition 1 / Page 2
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''A JtEi MB, WIXSK O-H TU SC - -Ma. Sraaxxa: Ska -Skl havren A Legislator. my. by aere majority of th members BMMl, ps a uj, py ana -wr aar : which, tested ;eoayontio r-W !LU by bwi aiajorlty tote oBa Ud oy Dtn ssajoriiy igw w NotthCtro1- .if tbie- poaition'b UU-tfatttbAt the poopl of th Stat tenable; iARKS 0F. L-? J WiIJj po the gvnaral t .1 x;red la WBCT'"vCw; rarn.t - i , i oeeuier. t aL a- ..ore, own sua" JaJmWbrtEs; aU& miltcNiW,I d. grrtamaa t tt-aka ta noaaov mat . lopn4 yt ly,: I batard ft ffjff vf'it before. Aad, air, tbat U wwroofc rtbiak TiKS jhajoaveo&o, f 15 our Stats MMtB7.ilMt to tha tyvdalU owa fc-Miodiwt. Jt eutiasdhw irioaXprar:atpua on u JIl tWre-4'b 4MBfnaMd Via T pebrl Aj-MiWyVttr'Biopfrij .ahvrtiM fa4a.atI:to ! al Jbcrt . Jrmj 1 &4LoSiMS&I . Ihafoaautatioa.tvo od U wbieli U aiigbt .tbm&U ba aaaaadad.Tba'aUaaer of eail . tac tftt oaraetwar aa aoaaa,aatIy;faniab - -m tuteadat tocaid4fo. j : - rXba stef amttjaffia b aovao- i tjaa af 5 183 . tba,? -lloaaTyvovat.em aaaaeautoaambjaote. 1 ' -iLuwt Uumil -to- oar atbar- aabiaaak tfca 1 aWraatiaa warfa ul bfi 'saraiaa ' tWtloa. ' Tbry wra dirtetU aad coaiaaaatfm to ' - ?W Kftmaaeotodtaataaideoataatloa x lJdl AnJr,a4iD0t tb .Senate , bMW. 4SjxBdly : la 'ArwtbaqtaHficatioDaof Saaato rotera ; .i -tn-rAW, aVriaUoara:' la & amven- . aft mil UWt2km(i r ic Ctmitihitiom cj tkt ' KofM -1 nsota tba 'aaaat -laagaaea.1 italieia- i;it HTMiL Upon tbU alaaat- ofOa aet of l&i, aotbing baa baea aaid by 4b advocatai ,. taatiuruj owkui. a ug aftoaU bar baa annraly otanookt et paetat . br by saatlcBea' who bavv aawaiad to giaa ia ' "Uir apeaqbaa the sabataaca of tba act f 1834 ' Sir. I aadaruia to aay. that wbep tbia part " th mu ia mm aad brobarly aaderatoad, tba i,rineiDla.'tbal tbara ia ull anothr asoda of .aMdiBk lha OaDtotution bwliea tba two .. prondedbt tbaoonattoB,'vaowbea ,iatp thia .i Hv Tha .ftaaa ia a fear word I I his : Tba ' - baapla. dfiVfaTf tff tbt aonvcntioa b1835 tb bela ptrr to do waai they pleaaod, ia wjard - to thaaiodes of aoMBdiog tha CooaOtf Ua in 1 faiar: ThaTBOtoalT dWbd AU pbwar. . bit tiey aoaimaaded'ii full rtUt Tba ' eonfeatioa.- io '.aWienea to . tbia aumiaaad. ' adopted tba twa.nodaeeoataiaaaid tba Cooatt tutioaV oNow,: iff know aaytb.of laa naaor'lav. tbocatwo AmatiT.ewdea ax eloda aor and afary ber ZaeJaw Wju ' Mt'exe&iaia tordM' vTba Saprwa Coprt of Swrtb Carolina, tba " final intefprHer ii woald- baboaad to Adopt ay 'raaaoBiog witboat. any beaitotioa. 'And, air, if there, ia any gentleman ' biaba Hoote nVboldttba contrary dactrioa, 1 woold be dad ta know iu Hare. Hi. Pbil- -kpat Qraaga.-.intrtrmad Mr. Winateo, that he ahoald' ttply.' tb. -end abonld contend; ' Ant, UaCthe i&aprf aH Voart eooidr not look at )tka aat aalliac tba aoareoooa ta eoaatroiac tba aaiaadaiaata of i od .aeooadij. thaa Jt -'Wy aoaud. ua laaaa of the aet rehed on did eaazeladv tba- aaU o av aanven4iva4y other -' atodaa tba thaea provided for in the Conati'aH -" 'tdfloB 1'; I aat sfavx,u,ttbM it taHbeanUa thia BocMtoa; Hie kaoUdgeH)f tba la "and - " AMfMim ta aiiK "tkaftftriMrtallA MftUtit kla tkiaitkn It will ba eeaaaa tb position aao- K -.alateinMl: - If TroV bnld ( aXt La defended by Hector, it conid aertiedefeaiied at til? :Hjp?flt.&J ,. rr - Before 4 4eae -tba- pvinta rOMMie.bj mj fteaii, let at aak'biai to xara hi mod to. one - , or tw point. First ; a ba. bolda that . the Uem , of the 0ootitnuoB. U tba .ynly f aide In . ..aaaatmiae kVlet him iatornv" me' wbart he a ; fiaaa taapowa for the Laaalaura. bj i major- lay aatarto atgiBata a tall whereby majority f tba people call a ooaTeaiion, c Tka 3onttuo- maa of tba Stat apealu. of leriatatir acUeti. la racard to tbia matter, only ia two pUeea ' fcfyfriaad ia obliged taadaut that a can find arotaiag taraao Voaautotaoa tueu U V arrant " hbTVontiaa. Andt mr, aa ba -tkonrbtto tookaamtda of tba iaatrtmaaw no oanaot aaeva aa' iaeb.' Kreo- the- proeedant of " I85 tQfao Taloo waaa fbond) cannot o ra- aatted to by kfa. What additional tiger or . validity, I aak caa ba' given 'to tba propoaed conventioB bv an act of Aaaemblv nrcodin it. The "powere of the Legislature are well SefinedV . a a . ,j a. a - . . ta ta vnatnauon, ' ana taro ic aoe I Word eid4bretaof their oaliing a convantioDV ex aoDt bv a two third vote. Butitia aalJtfiat It ta mora proper for the Leg'ilatate to call it. 4 ou is a jeiawg ei iu bm; arjrnmeB i be aoeatioQ ia one of cunautotional bower, and - not of propriety. 1 undertake to'ety that if a rvavenuon ot toe people ctmw laaaembla withi - -v ataa act vf the LegiaJatare.toair action woald V aa valid- aa if an act had preceded and ao- t.torised tbeir Ma-wl)iing. Judga Gaeton'a ' ; rpvoeaed optniva a an, tLat -tao act of .1824 - a a"eo more tLaa a propotmoo or a recota " ' iMadatMa." SnpTos iliat- delepte. of the r Hdpl r to aVatmble in Raleigh; cooidaney t make a proinf ititm or recommendation for " a'lteijrionT And, fir, it t tirirtog the whole 4' -jetW'B for "granted, to nj that.lt Wtaceajarj aa act of Jiai Lrgielatore in; ofder to ".furabt'h.hrrf' and how the elpctfona m be ".hjH.' If1 the ls!atarer. by thef n.te of n ajpriry. oas no poar jnn premise, then w n aaiii:ooai lyres is. gMao.tO SOCb a 00U" .; eiion by tuearfT ( " . 1 bm cro tetitnWuion bt mi mls) a at ToUow : . . t AeMtn of iarUoortitMtioaor thiaStat shall i a urea. aaee a ti to alter the same ahaJl - , oeen raaa tatee tinea id each tiaaso of ba lisaerml Aaaembly, aad agreed to by tbreotfiftaa J-ttibv S" lbolo aunrbsr of aombaaVxi h Uoaaav , -rripecureij. anally any rajtefa tioax ifta r atota aatiltbaaaiibattoaaiaabair.haia on ioiuoea-ix.BouM prevkjas to aaew aleotioa of pmbrfcm-eha Qaoarl'Tt..kV- ' lfaftuth pobliein,heal5r4in aaopoU awsi'Mw pracruior urroarai aaejlfftpli allajj '. be afreed to, ia lb brataaasioa .thvaraaiteeV by twVOuVh bf Aewbob jeaenution ibVaoB ' HaaWoTUM CaaefoJ-AaMinbirv aiWrcKa aa'ai. ; aaall bave been mdtireemeaaa three aeve ai dayaia.aaek Hons, than taaaid Qenaral - Aaaeaahly shall, raatrfi be a mode oj" waiobtb - - aaaeadmearo amandmaata ;abaU be aabmittoa 'to taaaaaliaed vetaiejoftlM Hoaaf of -Commons 2 . . ' . . -."111 throe bout tb -State i antt iL-aana atrf. . J. 3. . , . . .. "'ir. ia aa- auw own, 1( SDSil ap- pea t that a avajority of ta Voter aav' Ipproved' ' . - wtijbh a iw mvwrviN,w.na ball Veaa partof 'the 1 CoaatitafktaJ' -- ' : Nod the ts era'nloVed ia ttft tt' KM cjearly as word can make an asaertioin j , a.aVarft all other modes. It wa .adopted ia tbe Contention 00. tba -tfc day of JuU.i .Nowi air, apa tbat the cUoeVAqBotadwr 11 tlm cahv roriaean ataiaedlJn Uialnnt.-. tioa prwvidiagior ite'owd anf eoTmeat Rvrv wu w hwii iui u, vww Wion, oaajsj lajt ' - irXtmVaa , Joritj pVpWtBtewdfVmHd b dsarry , wrong, , ;u ,1-' !kim t. - tfBunif wviirrr-ierrpcfj to ameOOmettU ,-vH Jtbai,Coo4iiuUon,t(tti th following words t - '- i:r'u.. " . ,. :-ffaiWiaV by tba .Gooeral Aaamb,ly, aaleat b tba ' awa-anwaf of .au tSST aaea uowa of tn ueaoral I taaaiLljr. Tbia alaaa waa adored ia. t CoavojatiBBJor it w. two aaya aoer in (Ormar; Kowfaroe taka Lha -Can'atntloa ud UtV OM OB IM fa aa additiomodws amending, tb Oooetita tioo. I r furiW hr. and ay, lha tb whol wound i be r covered, a challenge mj dm r Wm. ksd Had utT talid trnmoL tb mc gettioa agahnt 'pontioa. Htw m a gBrml ra) preitd ia tBlMTMt poanblc Uaguagt, TytaiffgtnttHwrrtt-tartipri- eepnoo. mu any msn aa j iai ui wnow b- oi is Jloiaavanfl jpjM paia aau axoepH xprwdr .Story aad bu(b, umit wwh oatavedD &acQtmor'VWauiauoBa, douhj ttai htote-ira4 -h o-rd, aad tbataa dibit RtatsiAa as- k- atplwd. WtM noH K " Jt . 1 - & 1 . boititn; mmw HMBi VIHKHI wa Uuag Tb potati to aif aund, i. too traaapa rv'at ta adait itortaoaabl doabt. Uw, ir," I iiigbt atea.' Ba aiy fHad from Qmaj wiU. raplj to Mraaatlj, aad I will nroeaid to mi tba. Dotote orMB(td by him. Ttrrt, eathe-epmnt Coart take into ootid Iradoor tba- aet ofl834 ja eoaatrainf tba anaao mebu of 1833. I ta that that sot oaly ?liVMWaof5iM- iaia toward tba aetVbicb oaHsd taam togaw ar f lioaf'aasaredly the aamria every subs tan jdal partioaUr that tbalifgUlaiore aostains to- warda tba State ounsutauoa. Wa are a worn aot to violate tfeeStat ooaatitatioa. Tba mem bers of that oonvonuoo were awora, that they --oald aot-akher direoUy .or .baditecUy evade . . . i - m i i : : of 'Oferegare ta aauaa asyouiav or. .ui lxed to-na.aonreaiMa y paopja af .Nvrth 4yaroioaa aet forth in tba act .of 8&4 which aet wae ratiSed by .the people." The Stat ooo tikatiaa naovidea for ta oricia Aad existeooe of the Legtoator, giviag certain power and Uhboldingataera. 'Ttactot itu-t aio toe aate things Wttfc iareaae solicit uae ang strictneea tow rdtb oonrcntioa of 1 835. The 5tate evnstit(Lion- Was' the work or tne people before Jberr waa aoy Legislalore. The act of 1834 waa the Srork of tba modI : it called the coajaation Into being and cava it oertaia well defined powers, excluding all others. Ia abort, if . aver-ibera. waa a deliberative body on earth, wiab arritiaa iostrumeat - ooatroUing, direct i&g and maattricg their action, it waa tbe oon VOBtlOB orjBo. . . ' Now, air. nothing ia batter established than that Uiue Court of this State not only can look, to tba constitution for every narpose ia aonatroJn lh7 act: of tba Lerislatar bat tber aropositively sworn and bound to do so. tiilBii'iviAlfitiMot 1835 a eonaiituuou in every senaa of tbe word. They were but mnVbers6f a Legwlatara aabordinate to that oonatitation. Will the gentleman from Oranc admit that theeonvcution was limited Ly the act, as 1 nave rtatear laappoeetnat ne win. Uan b theoenso plaia a conclusion as 1 have drawn ? Let him detect any flaw in the argument ifheeaa.--1 might amplify it by ex- J-.V SIM a: . . t . L. . ampiaa ana urasirauooa; out i pmuwv iu am naderstood, wbica is ail tbat i oesire. Bat Sir. tba action of the Convention ol laid, ii eipreseed In' the amendments to the Coreti tatui'nritaeUl'absoJaHlT ewmieU tbo rentleman jt lofik tfi tbc.ct ?f 3 vrd' to anderstand this matter .4 he preamble to ta amanamcnta, wbioh tbo rentleiaaa admit ia to be resorted ail la tbo amend meou, states tbe fact tbat :naa aot'oSSi was ratified by a majority of lltopooxdar aad. thau by sj vote, the people declared, (beir. will tba a Coaveouo ahouid be held, to eaa airier f. tb amaadmenu proao. bdlf i JbX aaMadmaata t The obes propoaed. Where" propoaed f , In tb' act of 18S4.' Does not every at ear nor a taai u vonveniion bra etCTsaaleolarea, tbat tby were bat sub- brdlnata'tdtWf Be); aad .tbat tb chart ot tbeir power was contained ia tb act. They also de clared, that they bad made their amendmenta ia aooordanoi with said acta. Let any man take an. tba preamble, to which I refer, and read'it'eartfuHy'and be will find that itde- Clares, in every part 01 11, iuo point ion a coo tead for, Tba Supreme Court of the State has dei tbat, by a. proper refarenos of one deed o another, tbedeacfTpuobs of the latter are in cotporatedthlo tb former. Now, Sir, tbe Con- -r ltn I J w, I. 1- .u- . ajroagarif- ibey had repeated eeriatim in the preamble, each aad all of the provisions of tbe aotpf 1834. JTet, the gebtlemaa admits, that thrpreamblaiato ba' considered, but denies tbat the. act. which ia sobs tan ce it repeats, ie to ba looked at. lwiuaotaay mora on thu point. I aav onj T to aay tbat either the gentleman or myaeif iaJa a daetdea mutake about it. .1 -tax it, that ta aot of is to be looked at.-ia coaawwiag tb amended eonetitation. Waa taoa w ta eoaatraotioa of tbat clause of tea aot, arbicw a ja, "that tb ooovention a ball provide lawbaWnsaa aor amaadmenu shall in fa tore be mad t ta ooatituiion.'' They tkoli provide in waof manner. Thia language is too plaia " to admit of aay simplification. The word amblo'ved 00 re Y tbe meanine; clearlv. that arefy effort to explain them will obecure tbens. : Tba words ia what manner' ar as strom at least aa tba word wfJU manner" would bv been.' T Jdf friend is too good a philologist to daay this, ll tba worda "the manner bad been aaod, tban it would bava struck every one to aaqnira,.wby war not the words 'a man- nert'.er Vapme manner' used. Wb v were the j words "injutmr" ased? At first view, tbey aeem anaeaoaaary. I he answar is plain. Be fore that, tbara waa no constitutional provision for amending, tba eonatitauon. It waa doubt- fal bow. to proooea on tb subject 7 Do not tbe woreU, ia-fotore,V impliedly, if not expressly negariva-.a Mpatitioa of the mode then pursued. They-knw. that tbey . were thaa pnrsuior a -conathatkmal mod of amendment or they did not. 'tybey did, then hor language would havbenif they wished to retain that mode, that the conTentiea should provide additibfy modea. If they did not, then, it ie clear, tbat j-tfaey. glebed la furore not to be perplexed with dOUDw-aaataax ma convention 01 itua should tubaiitate a p)in course. Can any man read tba whole of tbia clause and aay that tbe convention did not have power .to. negati ve tbe mode tben pursued?- Suppose that the convention of 1835 bad. iDtexpresateroia. said that no other amend i meat anoaJd thereafter be adopted tban tbe two 1 awOTaOBtainaaja tne instrument, cii coarse, (rabcy. bad oadex. tjif cJJuae the power, to do so. tandaacb action,. afterwarda-ramed'oy the peo .ntaA.wqpja nave oeen vana. 1 bis is all tbat 1 aataad Swisv thia aoabexiob' . takatb clause ajtogethei, and it is a direc Bieatotbe (Wvcaiioa in tbe broadest terms, to wreis .aUerf future amend mmt-rl waa. clearly, tba meaning of tht rtlatalf tbtthota fa Coavantioa bad acted on V, WbAar3md tban thus provided by them conid oe portuea. . - The only remaining question is this 7 Did tb Convention tf 1835 esbaast tbeir power? Vttaey iwiy. execute ttr Un examinauon, it i J Y w-v"- ..... J 1 w was i"o wwvr I. .mMiii..i.t. r tw. la it wilt bajqand that tbey did, as to all the other I . . . . A . ... friend from Orange knows too well tbat tbe Su preme Onort would bera apply tbe maxim of law already qooted, ' inctunommue est exclutto auenut.' .111. wish a piece or work done, I mat say thT tor friend. Mr. 'Pbillips, shall di reet tba manner in which ithall ba done. If Ii aim drreetioaa, tbey. are to be obeved. al though ba doea not aay in his order .that no Other plan' shall -bo pursued. It ia, however, aot neccraary to. argu tbia point, aa It ia well aetUad aa a ml of contraction by every writer on, eoBBtttatxmai taw. . . laay,' thereto r. that th Saprema Court of Jtvortb Carolina would decade that a Convention, al tad by a aaajority af tba poopl. under aa act passeo 07 a m-jwij ta so aiegiaiature, would bo aaaoaatitaUonaL- . - Bat Utoaaid, Mr. Speaker, that the eUaaa of th SoBafeMttoo giviag tba Legialatara the now- 1 at to call a Can ventioa is guarded ia its terms 1 and UiMtwo third ar required, paoaaee th pacpte aid aot wish to ba troablsd with meet ing.la4 tjaqvaaata, waaoaver a majority of tbo Legjalatur might ebooa. Tbia axplana- i noa u gtvaa, to aaow that th Coavantioa , ' ' ? ' i f ' - 1 ' J MaaaaaaaaaaaaMaaa1.. -: ssasaai aaaaaaisaaaa aaswaaaasaaai WM" F BU?5S?S!BSBSHW7; . . , -. r . . Ji.vksiina"''r' i.V-' th ' ?...,tLa n!ra rtr suanm.'Vil ,,! .i . ... .1.., : ja,.." ..jip 0 ". y . j ' aaiA a taro thirds rota of the Larialatv.C, whil tbmajoriry pribvlple, now contended for; wm Retained. Jentlamep bar find tbeiaeslva la a dilemma. They taaoot carry oat wbal tbey bow eoatead foKwitboat tba rote of a ma jority of tba Legislature, aad yet tbey aay, tbat la aebetentially tb aama atat of facu tb Coni ventioa required two third. If a legislative act adds any thing to tba proposed , majority Ooavaatioa, wo nava bo right to pas it. axoept by a two third rot If it adda nothing, where la oar right to pass it at all? Bat Sir, euppoee that th Larialatur had been permitted by a aoto of a majority to call a Coaveattos and bad troubled tba poopl. in nrst uonvanuon oouia 6ava remodied the viL . And, air, I desire to know if th doctrine now asserted, ia sot quite at troableeome. ' According to that doctrine, a majority of th Legislator may, from aeaaioo to session, keep tb poopl voting 00 a ooavaa tioa witboat nd. Furthermore : Th prinelpl contended for i that an aot may be paaaad, by a majorityof th Legialature. A bar majority of th mem bera precent ia all tbat ia required. Does this look like tba work or intent of the Conven tion of 1835? In both of tbe cases provided by them, three fifth and two third ofthe wof aaatoer of mombera ar required. A majority of tba people who bappea to rota ia also aaid to be sufficient to call tba Convention. A atajori ty of tba wbola number ia not required. Two bare majorities, one Legislative and one popu lar, each of the most meagre kind, are ail tnat is naoeeaary to create a body of man with tbe foil power to overturn every part aad pareel of our time honored Constitution. Bat one step farther. Gentleman bar made long and able apeechee, quoting tbe debate in tbe Convention to prove tbe eorractoes of this msjoritv principle. Now. Sir, Mr. Phillip inf the opinion 'bat in const miag the Oonatitation, th Suprem Coart ca deriv no aid from th debates. Suppoee that in this ha ia right. What, then, become of these long quotatione with which wa have been entertained ? Subtract whatsis furnished by th debates and not a great deal is left. As I may not be misunderstood, how ever, nor be thought to shrink from an Inspec tion of tbe prooeeding of the Convention of 1835, 1 will refer to them likewise in one in stance only I could quote a dosen, but one will do. And tbat one ie not what Mr. A. or Mr. B. fid, but what the Convention did. The Con vention assembled Tbe auhjeot of future a mendmente was referred to a committee of thir teen. The report and tbe only one made by that oommittee was in the following words. -That whenever a majorityof tbewhole num ber of each House of the General Assembly shall deem it necessary to alter or amend this constitution, tbey may propose suehalteratioos or amendments to the people, and the Governor Khali, by proclamation, lay the same before tbe people six months bifore the aosuing election for members of the General Assembly; and if the two Houses of the General Aembly thus elected shall approve, es in tbe first instance, of tbe amendments proposed, the same snail be submitted to tbe people, for tbeir ratification or rejection, and, if latified by a majority, aball be come a part of the constitution. Ibis, 1 say. is all the plan ever reported by the committee. This plan which is mora against tbe power of tbe majority than tbe plan which I now oppose, was rejected by a vote of 107 to 17, on the ground tba ti7 placed the Coiuttiutio of the State too muck ta the power of mere majtitie$. Let any man read tbe debates, page 346 to 350, and he will see that I am right in every word I say. Je report of the Committee mud the two pi adopted vers the only plant considered by the Convention. Instead of the plan of the com mittee, our present Legislative mda, 00 motion of Mr. Meares, was adopted. Thecoaventioo tbia supposed tbat no further action was to be takes on the subject. Had nothing more been done, every man roust admit, as I have said before, that the present proposed plan would be wrong. Two days afterwards, however, Mr. Meares in troduced , ' ot an additional tafeguord again.! the effortt af a bare majority to uproot the fun' da mental pt ineiplet of goternment," a proposi tion requiring a two-thirds vote to call a con vention. Read tbe procoedioas-of tbe conven tion, and you will find that if there waa aay sentiment settled in the minds of the members, it was tbat tbe constitution, which th ey were thru settling, should not be altered by a mere mnjerity. So much for thinew doctrine ; a doctrine which goes a bow-sbot bevond anything tbat we have ever heard of before ; a doctrine which-drags down the constitution from its sa cred position and gives it no more authority or dignity than a mere aot of the Legislature ; a doctrine which, in effect, abolishes tbe constitu tion which our father left as; a doctrine which will, in my ppinion, meet tba decided condem nation of the people of North Carolina. REMARKS OF MR. PHILLIPS. OF ORANGE. IV XBFLT TO TBI RXMAKKS OF MB. WUTSTOW, Or BSKTIK, ON THE SUBJECT OF A COKVBNT10K. Mr. SrcAKXx: I sak permission of tbe House to enter my disnt ftom the proposition of mv r r n ." i m mr . frieod from Beitie. (Mr. Winston) and to state tbe reasons why I bold it to be law in North Caro lina, that a convention to consider of alterations of tbe constitution may be called by tbe people. 1 aciiiiK a me auggnpuuu 01 a pare majority o. : the General Aeeembly. In order to establish tbe contrary, the rentle man baa assumed that the constitution is to be construed by tbe terms of tbe Aet of 1834 which called the convention together. Merely Act of Assembly, tbat instrument has generally been admitted to exert ao power over tbe expressions of tbe constitution. It was ad mitted that, aa each, it could control not even tbe formal action of the convention of 1835, and therefore much more cannot affect the re suits of that convention, when ratified bv the people. In brief, the propositiob' that tbe con stitution can be restrained or enlarged by any taw paasea ov tne uenerai Assembly, is at wnr w nu eYorj iuu ui a ooostituiionai government, and is wholly indefensible. But it is said, that this Act of Assembly, having been voted upon by tba people : and, if not from tbat circum stance, tben from being referred to in the pre amble to tbe amendments ; has. from 'these facta, or at least, from one of tbem, derived an anoma loua power ; and so, although no part of the constitution, is nevertheless an organic docu ment, of a dignity equal to that of tbe constitu tion ; and beaca, that it ia aooordig ta all ana logics tu say tbat the aicnincation of tba con stitution may be cootrolled by its meaning. 10s reply to toe poaition seems obvious. Tb first finds a parallel ia tb eas of oaa man' giving a power of attorney to another, to create a life estate in a certain tract of land. If th latter under this power create a fee, and tb principal subsequently ratifies that estate, tbe deed binds according to its terms as ratified, and not according to tbe language of tbe power of attorney. Tbia ea is no mors clear, tban tb 000 which w ar discussing, and the only advantage to ba gained from citing it ia, that it ia one about which no excitement or prejudice exist ; one which therefore may be settled up on its own merits, and the settlement of which necessarily involves the solution of the question before us. In arguing that the constitution of North Carolina ie binding ooly so far aa H pur sues the terms of the instrument, under which the convention wu called, whether that instru ment be regarded a an Act of Assembly, or as a 9ei constitutional document, it seems to ate that tb gentleman is trying to revive a rule of construction once thought applicable to th Con stitution of the United State, a rule with re gard to that instrument at a very early -day ex ploded and abandoned. Nobody contends now that th Constitution of tbe United 8tatee is ia it various parts mora or leaa binding, becaus mor or leaa conformed to tb purposes indica ted by tba State, which convoked tba conven tion that gave it birth. Nor ia tbara aoy better ground for applying that ml to oar euoatita tioa. If the delegate receded tbeir oommia a ion, tbatexoesa, after ratiacatioa by tb peo pi ia aa much a part of th contitutioe a aayt aad if there ar aay omiasioaa, tb oaaaot ba supplied by re fere no to tba act which pr. tfribod what ahoald be doo. Their writtea k jr- . l - - at- m rt of th resnlt of their labors, when nose- . queatly ratifidf tb popl. Was ait that waj . aagraieu upvo our uw t V i a eom pared with tbeir xmmieolon, defective; or redundant, it only and ft alt Was ao engrafted. Tba somber of its-word oaaaot b increased of diminished, aor lb for of it meaning n larged or restrained by" aay other!, inatrument which la aot of a dignity at least aqaal to iu owa x I mj, by nothing onlas found in th Constitution of North UaroliBa, or tb ConsU tatioa aad Law of tb Uoited. State. , Wa bav befor as a writtea Coastiution. , too mning of wbes terra ia to b discovered from dlcUonarie. bf. When technical front thir : Ataga Ja tba sciences, from which tbey bar nn oorrowca aoo sai i my "Vj w gaatlamsB from Brti. when be org that tba praam bl to tb amendments refer to tb Aet of 1834, aad asks wbsther, in attempting to diaoTr th dirootioa in which tb convention of 1835 weat, v ar aot bound to consult the position of that - guiding tr," by which the delegate profess tbeir atepa to bar been gui ded 7 Tba white sails of tba ship are ia view. and w ahouid keep our aye fixed upon mem ia ardr to lcara tbo dirootioa in which it is going ; tb tracks of tba caravaa arc deep up oath sand bofora as, and to discover it .lu filttw ' - - not th VVVMOT, WW WIVWI " WW wwm m . rsys of th star by wbwh thay baliated them- aelvee to b fuidd. w soau grossly oeoeiv ourserv, if, in paraaing aay object, w abao-dontb-vidno of "oar seasssV and fail upon aome blind obnfldancd' int tb rasults to bo at taiaod by balancing probabilities, by conjee tara and hap haxard. - And I do not know why it is not to los all the benefit of a written Constitution, if, with its pages before us, we desert th light ot it Clear provisions tor tba fliWiag firtVfli of yba voootnporaneOus debatasjor pit, the saacsmenU wfijoh birth ta tba eavcartoaIUiat fiamedlt.. . . The remarks ir doe" to ihi cabs of truth, sod are aot com pe lied by any fear of the con sequences of the opposite doctrine upon the queatioa-at iasiie.'. .Upon the contrary, did I believe it right to embark upon tb ea of con jecture, into which my friend baa launched his boat, might Ban from its depths proots tbat bis oon t ruction of our amended Constitu tiou is one not to be relied upon ; proofs, too. that are quite aa conclusive as anv that be has arrayed upon the opposite id. I abail return to tai hereafter, but ask to make good tbst claim, in sot degree, here, by calling atten tion to tbe manner in which tbe convention of 1835 wa couatituted, with the view of show ing tbe biaj voder which it acted towards the subject of iu deliberations. Tbst convention waa composed of 130 members. Of these, 78 came from counties w hich bad voted "Ao Con vttitioH." Speaking of this circumstance, which had been alluded to by a distinguished Eastern member, as "a melancholy fact which be could not pass by," Judge Gaston said in tbe convention, He who enters noon a prescribed task, with a strong repugnance to it, seldom performs it faithfully." Tbat proposition scarcely needed for its establishment the sanc tion of bis great name : aad after all hia labors to nullify its Sect upon th oonvsntion of 1835, it work bear obvious trace of its operation. I will refer briefly to on in point to tbia dis cussion, and tban pas on. By the 18th sec tion of the Aet of 1834, which apparently cam in as an after thought every other duty of theJ proposed ouvotiou being prescribed in eec tiou ao to oonvvouon 1 uirecrea - to provide in what manner amendment shall in future ba mad to the Constitution. Ths reluctance of the convention, a majority of whose member were indisposed 'to even tbe pending changes, to anticipate and provide for further altera tions, is stamped upon tbe very first words of ths clauses which point to such alterations. They seem to intend a provision agsinst all futurs obangea, rather than a mod in which chang may b effected. Both clauses com ments with a negative. This circumstance be come tb mor remarkable, in view of the strictures with which ths convention adhered to tbe form of expression used by the General Assembly in all the clauses which direct its course upon matters, not discretionary. Her tb whole s true tat of tb guiding enactment 1 altered, lae uenerai Assembly uss an af firmative expression ; tbe convention a nega tive one. The Assembly indicate that a di rection shall be given ; th ooovention issues a prohibition. Msy I not ask, tsking up tn line of argument of my friend from Bertie. whether, in order to arrive at the meaning of tn expression agreed. upon, between eucb a body and tba people wbo ratified tbem, we are to strain them still further ia order to extract a prohibitory feree even beyond tbe language of tbeir obvious reluctance. Is not the contra ry ths rule of sound sense and of sound lsw ? If a body of men, indisposed to aet at all tber in, i instructed to devise a method of amend ing th Constitution, th maxim of construc tion, applicable to tbeir labors, is contra pro ferentem verba fortius accipiuntur. Tbe expres sions of the convention, if pressed at all, are to ba pressed in a direction opposite to tba basis of iu members. Thus only can we fairly ar rive at tba common intention of tbe par.ies to that contract; I mean, the convention which utttered, and the people wh accepted it. 1 have iotrodaoed this allusion in order to show that it is not interest which determines me against pursuing the coarse taken by tb rntleman from Bertie. Having shown this, return to tbe canon of criticism laid down above, and protest against any other construc tion tban tbat afforded by an accurate conside ration of tbe expressions used in the Conatitu- tion. It is true that there is another view in which it may b contended that the details of the act of 1834 ate important, in ooneidering the amend ment to tha Constitution. jt may be aaid tbat a tbe assent ot the existing government is nec essary to any lawful sSjbga of . government, it follow tbat any change in points not specified in such assent must be revolutionary. 1 reply that, aa an act of Assembly, the material por tione of tbe law of 1834 are. that it eives tbe assent of the existinr government to the call of a Convention, and prescribes certain forms of ratifying the results or tbat Convention. Its other parts I mean the Hmitatiooe on the pow ers of thatConvention, so far as they are ema nations frokn the General Assembly, were ad mitted by jJoJre u tstoa to be void. Tbey de rive all thfir' effect from the subsequent action of the people. Inasmuch, then, aa aor limita tions- up -tha actio of Coavatioas by tha Agisiatars ar veto, 11 must De presumed that, eva whaoth Legislature consent to a limited Convention, it thereby, Tor all legal purposes, consent to .whatever Aa Convention shall do tbat may b ratified by th people ; and there fore, that Bo changes of th Constitution mad in a Convention, to whose calling th existing govrnmnt baa given it assent, are revolution ary. That these limitations were subsequently ratified by the people, and derive 'forna ih.M. from. Ie a point Without bearing upon the im mediate question, and, so far as it affect tbia investigation at all, has already been considered. out, tne geouemao urgea tbat tb act of 1834, being referred to in tbe preamble to tha ..,). menu of 1835, thereby beoomea a part of the Conjutation, upon th principle which has led th Suprem Court to hold, that descriptions contained ia a deed, referred to ia a second deed, are to be considered as if contained in that a eond deed ; tbe old legal maxim being verba relata inetse cidentur. , Tber is a fatal inaccu racy about tbia argument, in ao far aa it Unm.. tbat tba preamble to tha amendment ia a part aa aa. Jw. .A. t a. unnuuaeaif , woereas, it ia a mere Of d iaaacs of tha Convention passed by it in ooe diue to th direction of tha act of 1834. Tha 13th section of that act directs th Convention to adopt oratnaacet Tor carrying into effect th amendments which aball b made," Ac Surely, ao one will oontoqd that those ordinan ce are amendments. If so. whsrs wa th of specifying tba exact length and breadth of eacn k amendment that tba Convention eoold maae, when tba whol matter waa to b left at eeaby permitting tb Con ventioa to affect tb oooeuition jbj ordinances?. If tha ordinance Js.ao part of tha constitution, tbo, assuredly, tb aet referred to tbereia J ado. To make thia matter still clearer, 1st at tall thi gsaU. a t a f.-Z : IKta-aa-tttr :r afterv t6''fWjtferct flow hr:tM0&H9J rM,d at.d :, "aB VT Mr umh ofWd RQ n10- 117- t,Z?i l'SaZ h. coatend& bf oaoe o a-lowt.; anendaieat. Aftrr a sb.-rt dtscaasioa ,U Brttlsb LBW.5.Doo ,d w dioy that som-U dev-rtaseut uwy r,yes ad u were demanded on the p.,. nch reference, lha pro-moat -or that. tetairwau uieW ..t - . k;T, a,i ajo 2 tu l 0-a1Ufnaffii ir lRBaT?HTwL6d tioa 7 If o-t, wbr doo -raw ina oiino tioa between that wfereaoa aad th on befor a ir. Ka an-diff.-renc betwren th waa nil- - - ---- - - c a ' dignity of th prefla to"Uie ooaatitatioa of 1776, and tbat to tba amendments of 1835, it seems to bo ia " favr of tb fc-rmer. tne lormer ap pears to b itrictly a part of ths oontitu:K-. WbiUt tb latter i plainly ooly a portion of th formal action of th CoBttntioov designed to bring tbo prvpoeed amendment before lb poo, 1 pie; but no mora a part of the constitution tban are th proceedings aboal tbe'organitatioa or the Convefalion, or it daily order of bBameaa. Indeed,' this point appeare to b so obvious, tbat I must attribute it entirely to inadvertence that ao sound a raasoner a iu a7,HWVUMH iiv " tie baa laid aoy atress upon it for tha purposes of his argument. ' " " ' ' . I think, then, Mr. Speaker, tpat t.asva.aj right to conclude that the Act of. 1834 cannot be appealed to in construing th teima of the amended constitution. But even admitting that tha gentleman is correct in bringing to bear upon this subject the language of tba statute which provided tor ths convention of 1835, I suggest that there is much reason for complaint of hia inoonsisten ey. t he vtrengtn 01 am argument seems cu me to be contained in tbia proposition : is legis lature, among other, things, directed the con tioo of 1835 to order th method by which the constitution tbereftar should be altered ; tbe conventioB did mako an express order to tbat effect; therefor as -according to the ancient maxim of law what, is expressed-puU an end to tbat which before was implied, the consti tution can b altered in no other way. By that' argument th gentleman arrive at the conclu sion tbat no convention to chang tb constitu tion can b called, except as is expressly provi ded in the amendments ; abd so, desirea to change the proposition of hia distinguished colleague (Mr. Outlaw) to call such a conven tion by the people at the suggestion of a ma jority of the General Assembly, by inserting "two thirds of the Genera! Assembly concur ring." I ask how any one, who belL-re in the argument just stated, caa consistently say that any convention, even one called by two-thirds of the General Assembly can change our con stitution? Where ia it found that this conven tual, whose exirtene is provided for, may take upon itself to change tbe constitution? Tne constitution provides only for its existence and does not define, or even allude to, its powers ; except indeed so fsr as tbe next clsuse, oootru ing the instrument by tbe rule of my friend from Bertie, exolade from those powers that of changing the constitution. For it says "No part of this constitution aball be changed," ex cept by what ia known as the legislative mode. Yet the gentleman admit that a ooovention called, by two third of tb General Assam by may alter our constitution ; but bow be can claim to be consistent in making thia admis sion, I confess myself unable to comprehend. Surely, if ths insertion of one method of calling a convention does, as b asserts, exclude all other methods of doing it, then, a fortiori the insertion of on method of amending the con stitutions wba daolared to b exclusive of all others, must be held to exclude thus, bo matter bow auowsbls theretofore. Ner can it bo urged that tb word convention necessarily imports a body whose labors ar conversant with changes of the State Constitution. Our own history show th contrary. Tbey ar relied upon aa tests of tbe topular will upon all extraordinary occasions of aufficiant solemnity. A convention brought North Carolina into tb Union, and th year 1850 ia not so far distant from tbe present that ws can foreet tbat it is extensive ly relied upon as the proper means of carrying it out. If, tben, conventions are parte of oor political machinery, having other object than aoch aa concern oar Stat .Coaatitation, those who insist that tb sort of convention specified in our constitution is exclusive of all others, sre involved in gross inconsistency' when they al low that that convention may intermeddle with tn coostitutaoa. 1 am in mar particular in calling attention to th oonwaucnea of this doctrino, because it is tba cardinal error of this great heresy against popular rights. Ths poai tioo is not peculiar to the gentleman from Ber tie, bat is common to all wbo deny tbat a con vention dost be called bv the people actio e at the an ggeetion of a majority bf tbe General As sembly. Tbey all admit tbat a convention called upon the two-thirds principle may effect cnangea in tae consul. ion ; and yet, witn in is admission upon their lips, do not blush at de nouncing as revolutionary those who, on the principle tbst tbey admit, maintain th position now 0000 pied by myself. No such inconsistency ia attributable to us. Starting -with that fundamental principle of our liberty, Tbat all power not granted in ocr or ganic law remains with the people, and bearing in our bands, ss a lamp, that great role of con struction in all American Constitutions, that the people are not included in any restraining provisions, unless referred to expressly, or by a necessary implication, our way is equally short ana oiear. 1 oe constitution says : so con vention shall be called by the General Assembly. unless," 4c. That general w?rds in statu tea do not bind tbe Sovereign, ta a maxim of construc tion pervading the whole body of the Law. The rule is not merely technical. It has aood aense in it ; and whatever th measure of tbat good -. - - : ,. sens may ue,-tt is mere aaea ic its application to tb position that no general expressions are derogatory to tbe right of th people : how much mors, Sir, when, a here, the restraint is in terms aimed at an individual, and, as regards tbe people, a subordinate department of the go vernment. Tbe provision is, as it were, a piece superadded in order to regulate another portion of the aame machinery, and is not intended to apply to the hand of the operative whioh, from time to time, "adjust that machinery, putting it one while in motion, at another causing it to stop Ths times may come, air, when it will be received canon 01 constitutional construction, that the powers of the people must yield to re strain ta by ordinary implication. -1 hope that those timea are far dietant, for they will ba bad time. For ourselves, there ia around for con gratulation tbat wa live too near to tba dava of tk. nn1n.:. .u - .. : -r r r . a.v iwiuhuu! wu iu, origin ut our ir insti tutions, to stand 10 danger of its prevalency ia our .generation. And I te.ooaaioo here to protest against its bmg suggested as a rule mat may . 00 relied upon amongst ua for an purpose: No one can sav whiiber it but Wr or bow bitter, though remote, may be the con sequence 01 its introduction into debate upon our Constitution. ' . But my friend from Berti says that if a convention may bs called by th people through the medium of a majority of the General As sembly, he doe not see why any ooneurrenc of tbe General Assembly is needed. I have already said that aome concurrence of th ex iating government ia neoessary in order to pre vent the change effected by the people from being rcrofcfsonory. That is the turning point of the decision (n Dorr's case, I need not elab orate that point here. But I may bo permitted to aay that- my understanding of that decision of tha Supreme Court of tha, United Stetea ia that tha right of the people to change their government ia a revolutionary right, when exer cised without tbe consent of tbe existing gov srnmsnr; but when exercised with that con sent, i a legal right. , Jt seems to me that there is some confounding of tbe particular function exercised by tbe Legislature in convoking a convention, and that other function of render ing such a convention legal, amongst tbo who contend tbat we wbo allow a convention to bofcalled by the people, at th uggeatioa of a majority bf the General Assembly, are there by permitting tb Legislature to do indiretlv. what they cannot do directly. 'When- tha Leg: isiatura, oj a majority or two-tbirda, COQVvike a convention, it thereby at one call a eoavea tioa, aad also" give it assent to aueh change as U may effect. - Buturly,- if tber be among tbe other departments of- rovernment a naara to call a convention, it cannot be laid that tba Geaaral Asaamalj, by tWa Hft aaatat; beXorr tti ortn.titu call aeonve ji.n. -r . ;- !,r.(ei.MiirrUj-.v-:- -i -..r!i n.-. K a au diatincuoo between ao act doe b theGeoeral J-rablyv aud. aa act dune by ta ropTevwun in wiwi Genral As-tmbly. ilix" functions connected, at least as preliininarie, with changes in yar rganie law, if eutr usted Jo the representatives ot th people, at all. may properly iive been so unier restriction for securing a nie than or dinary approach to unanimity in order to per form, tbem i. at Uieaame lime, that to manifest a cue sent by these representative to euh act , when performed by tbe reopl-, a partoi wno ordinary legislation under our form of govern ment uch act ar, tber may be very good reaon why 00 departure from the common rules of procedinte 'should be' 'demanded. - There tee mi to be Bo color for contending that provis ions restrictive of tbe'foimer action compre hend" a well the latter. - At bearing somewhtt upon tbi ptin', I cite the 5th section of the De claration of nights, which asserts that "all Power of suspending Inw. or the execution of laws by any authority, without consent of the representatives of the people, &c , ought not to be exercised:" which implies that there exists somewhere among tbe departments of our gov ernment a power to su&peud laws, Jbc: a power, although such an one as ought not to be exer cised without consentMu. Thru section is aim ed at the 'powers iu i)ur system uf government. wherever .vested or lett, that are analogous to the powers exerted ovvr our Coionisl Legisla tion by the King : exerted, fuo, in England, with out question in its early history, but in later times only undir bad govern tnet.t. ltscenis to me a much too narro-w construction of this sec tion to siippiise that jt restrains only the Exec utive irf lNbrth Crolha. ' Tbat is but a shalm'w consideration wbieli concludes tbat tbe crown in England finds :t9 correspondent in North Caroliua in the 'Governor. In Kngland the King is the source of all political power. Tbe enaoiing clauses of tbe old statutes show that he alone was the legislative power, and 1 believe the former continues much tbe same at tbe pre sent day. It was in virtue of this transcendent power tbat he claimed that right whose exer cise without consent, ie., is stigmatised in the section before us. Its exercise in AOgland waa at all timta strictly in accordance witb tbe theo ry of the Constitution, but at length ceased un der the continued encroachments of tbe growing freedom of: tpo subject. It may have been thought by those who framed this section that it woulJ find its appropriate o1jeot in the new ly created Executive. It may be that from an inconsideration, which, however, I will dot at tribute to them, they concluded that the English crown was represented in the new form of gov ernment by tbe Governor. Time bas taught us better. Tbe history of the principle incorpora ted, and tbe language of the section, give it wider scope. Tbat great source of legislative power wbicb, in England, is represented by tbe King, finds its, parallel witb us in the People. And. if it be true that, in the language used above, this section is aimed st those powers amongst as that are anslogoua to the King's in Englaiid, then any intermeddling, tba small est, and therefore any greajter. by the Peopbin legislation without coosenfof their represents lives is denied, but with such consent is im pliedly affirmed. And I think it clear that the section recognises action by tbe General Assem bly, and action by some other power with con sent of the Ueiieral Assembly, as essentially di vers!, although equally allowable. I conclude that, being different, tbe formal regulation of tbe former ean by no mean be construed to be as well a regulation of tbe latter. Nor need it be added tbat the word law in this section ex tends to constitutional provisions, which are bur supreme laws, and so of all our legislation tbat only which can fairly be compared with Acts of Parliament tbe suspension of which suggested this 6:h section ; these latter being the su preme and over riding laws of Great Britain. I sum up what I have sail into the result : Tba: the right of the people to call a conven tion, with the concurrence of a majority of the General Assembly, is a constitutional right, because not expressly or by necessary implica tion inhibited ; aud is not revolutionary, be cause effected with the concurrence of tbe ex isting government: That LegiMlators may differ about the expe diency of calling a contention by tbe people at tbe suggestion of a majority of tbo General As sembly, I esn very well understand. Different degrees of confidence in the people may very well account for thia disagreement. Bat how any good lawyer ean assert that such a call is unconstitutional, I do not understand ; not even now, sir, tbst I have bad the aid of the strong and lucid argument of th learned gentleman from Bertie. STATE LEGISLATURE. SENATE. FaiDAT, Feb. 9, 185S The bill ia relation to tbe Fayette Warsaw Plank Road Company was third time and passed. Ibe bill to incorporate the Moore Mont- gomery Flank Koad Company waa third time by Ayea 13 to Noes 20. the The unfinished business of yesterday the revenue bill was taken ap and discussed. The Senate receded from its disagreement to the House bill for the completion of the North Carolina Railroad. - The. Senate then took recess. AFTERNOON SESSION. A number of private bills and engrossed bills from the House of Commons were read. The Senate then resumed the consideration of tbe revenue bill. After being amandad . in several particulars, tb bill passed its 'second reading by Aye 31, Noes 8. Mr. Jones introduced a revolution providing for holding nigbt sessions, whioh was adopted. The bill to improve the navigation of the Roanoke River was read the third time and passed, by Ayea 25, Noes 15. Tbe bill to provide for the construction and repairs of the public roads was resd the third lime and passed. The joiut resolution from tbe House of Com mons, appointing Bine director of the Lunatio Aayl am, was rejected. NIGHT SESSION. Tbe Sensts was mostly engaged on private' 01 us and outs 01 a local nature. HOUSE OF COMMONS. Faioa'r, Feb.; 9th 1855. - Th House met at the usual hour. Mr. Cofield introduced, a bill to incorporate the Caroliaa Hotel 00. in Fayetteville. Oa mo tioBttbe rules were suspended, and ths bill pass ed' its final reading. Mr. J.G. Bynum, a bill from the joint select committee on Club-foot and Harlow creek ca nal, for the improvement of aaid canal. Mr.Cansler from the committee on Internal Improvement reported favorably on a bill to incorporate the Fayetteville and Raleigh plank road co. Mr. Bryso'o presented a resolution in favor of A ndre w Cope. ... Message from the Senate. The Senate trans mitted a resolution in favor of W. II. Winder, with an amendment, in which tbe concurrence of tbe House was asked. On an explanation .from Mr. Jenkins, the House objected to the a mendment. Mr. Waugh from the oommittee on Proposi tions aad Grisvanoss presented a report on tem perance. On motion of Mr. Sutton, the report waa ordered to be 'printed. : On motion of Mr.T. LL Williams, the bill to charter the Bank of Wilmington waa taken p. At the oonclusion of the readint, the hour arri ved, for taking ap tbo' Yadkin Navigation ooM ope of th special orders. That bill was ac cordingly taken up and read. mr. V. at. tieach addressed the Lioos 00 the merits of thia bill' On ite nasaav tha..... oota wtw-dsmtndi.i Aj5oV oes 41. ' r. 1 villa and r4d th anfl iiassed 1 Mjtaarf. 1 Mr. Leach, in bis reiaarka on th: bill, presented some statistics of an interesting i.enaraewT. "p- iiucu.j The bill concerning salaries and fees - t. ken up, on motion. The question before the iiouse was aa amendment, to strike out three tbo usand and insert twenty-fiv hundred. Tbe House, voting tnrstoader a misapprehension, agreed to etrik out. On motion, tae vote reconsidered, and tb lioaa refused to strike out. " " - ' A number of amendment were rejected. An amendment offered by Mr. Dargan, pro. posing to increase th salaries of non. but tbe Governor, Treasurer .and Clerk, was adopted by 72 ayes to 31 noes. Tb bill wa laid 00 tba table. Mr. Srag-ltary offered a substitute. A num. ber of amendment were offered and rejected. The House took a reces without coming to a vote. AFTERNOON SESSION. S o'clock. The discussion on the bill concerning salaries and fees eontinued. Mr. Whiteker offered aa amendment increasing the Secretary' salary. Mr.Mordecai said he had always been against increasing officers' salaries, bat ainee thre wu a disposition to "increase those- salaries, he would change bis course II thought the Sec retary .-?wbo had served the Stat for fuity years and worn himself out in that service was particularly worthy of increased compensa tion, sod, unless it was done, he (Mr. M ) would vote against the bill altogether. - Mr. i. Barnes" wioved to postpone the 1 ill indefinitely.' Tb eye and -no demanded. Ayes 26. Noea 57. Oo Mr.-Whitekar amend ment, tbe ayes aad noea were demanded. Avei 22, Noes 91. Mr. Winston offered an amend ment, "that those offioers shall receive no oth er compensation whatsoever." M r. Singelta ry objected, tbat it" cat off tb fee of these of- "fleers. Mr. Winston explained and demanded the aye and no. Aye 94. Noe 20. On the passage of tbe bill, a amended, .the ayes and noea were demandeui 'Ayei 50. Nop 43. The bill passed ite" econd reading. On motion of Mr. Baxter, thd rale were suspend ed aad the bill put on ite , final reading. Mr. Patterson offered an amendment striking ont tbe words, "or clerks," which waa adopted. The bill passed its third and last reading. On motion of Mr. Humphrey, a bill for the construction of a railroad from the town af Beaufort to Fsjetteville was taken up. An a mendment offered by Mr. Humphrey, striking out certain sections, was adopted. The bill pass ed ite second reading. On motion of Mr.-TH Williams, the bill concerning the bank of Wilmington was taken up for a second reading. Mr. Baxter offered a aabatitut. A discus sion arose, during, which the hour arrived for taking a recess. " " a NIGHT SESSION. Th Hons met at 7 o'clock. The following bills passed tbeir final read ings. A resolution concerning furniture for tbt Executive Mansion. A bill concerning the County seat of Madison. Aslight discussion arose between Messrs. Vance and Taney. Ths bill passed its second reading. Mr. .Winston said if th Salary bill were taken from the table, he could fix it in five minute, and moved to take it up. (Laughter.) Motion refused. Mr. Sharpe moved to suspend the rules and take up a bill for the establishment of Graham Co. Refused. A bill for the establishment of the town of Whitehall. - A bill concerning public-printing. (A sub stitute from tbe Senate committee was read. A gool deal of discussion arose on a motion bj Mr. Mann to strike out all that "part concern ing tbe election of a publie printer. Tbe sjei were demanded. Ayes 42, Noes 42. The chair decided in th negative.) - ' . - Mr. Mann offered another amendment. The aye and noea we're demanded. Aye 45, Noes 40; amendment adopted. . Mr. Cook moved a reconsideration. Refused. On motion of Mr. Singeltary, the bill was put on ite final reading and passed. A resolution in favor of B. F. Moore and Asa Biggs was laid on tha table, on motion of Mr. S. A. Williams. A bill authorising the Literary Board to loan a aum of money to the Richmond High School of Laorinburg. Amended and passed three readings. , A message from the Senate was read. The Senate refused to accept the . resolution concer ning the election of commissioners for the Lu natio Asylum, aad an amendment to the bill incorporating the Wilmington Savings Bank. Amendments to tbe Fiyetteville and Centre plankroad bill and tb Yadkin; Narigation co. were concurred in by tbo iiouse. On motion of Mr. Shepherd, tbe resolution in favor of Messrs. Moor aad Bicgs was taken from the table. Mr. S. A. William moved to strike out $1,500 and insert $1,000. Lost. On the passage of the bill, the . ayes and noes were demanded. ' Ayes 40. Noes 31. The bill pars ed its second and third readings. Unqkosskp Bills raoat tbjc Sivatx. , A bill to incorporate tbe town of Madison in Rockingham p. , . fc A bill to change the names of the police mug iatratea of Fayette ville and Wilmington to May or. A bill to incorporate the Surer mining co. in Davidson 00. ' " . ' , A bill for the better regulation V the town of Uillaboro. The above bills passed three readings. A bill to incorporate th Newborn Mutual Insurance 00. Passed. A bill to chang tb nam of Jamestown, in the county of Martin, to JamesvUle. Passed. A bill authorising tbe chief engrossing clerk to employ whatever assistance he may require produced some disoussion. Amended and pars ed. . v . A resolution in favor of W. A. Winborn. A m ended and passed. . . - A resolution ia favor of JohaB. Debnam pr duped somediwniasion, Bd,'w'mthii, was laid on the tabW Th House adjourned. SENATE. Satckbst, Feb. 10, 1855. The bill to prevent tba farther trading with alavea in Mecklenburg aad Northampton read the third time and passed. On motion of Mr. Morty, the vote by which the bill to incorporate the Moore aad Montgom ery Plank Road waa rejected, was reconsidered, and tbe bill, passed its. third reading, by ajei 18, noes 14. . , Mr. Biggs introduced a bill in relation to tbe Superior Court of Law ia Tyrrell eounty, wbicb wae read three time and passed. The resolution eonceraing the Farmer's Bank of Elisabeth City was read th second time and laid on tbe table. Tb bill to alter tha line between the coun ties of Buncombe and Madison was read and rejected. Tbe Senate tben took ap tbe bill concerning the reveao. ' " ' AJ1 the amendments mad oa the second rea ding were stricken out, and the. bill passed it third reading. v' - " - - ", Several private bill were read and passed. Tbe Senate took a "AFTERNOON SESSION. Tbe bill to incorporate the Lexington and North-western Railroad company Jras resd tba second time and rejected. . . The bill to provide for th completion of a sur vey for a railroad ' West from the French Broad valley, by the Duck Towa Copper Mines, ws road tba third tint aad passed. " lha bill to limit tba tent of tba Chaimua
The Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 14, 1855, edition 1
2
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