Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1861-02-13
AZ ACT CONCERNING A CONVENTION
OF PEOPLE.

OF THE PEOPLE
WHEREAS, The present perilous condition
Of the country demands, in the judgment of
this General Assembly, that the sovereign
people of this State should assemble in Con.
vention TO effect an honorable adjustment of
existing difficulties whereby the Federal
Union is endangered, or otherwise 10 deter
termine what action will best preserve the
honor and promote the interest Of North
Carolina and whereas, this General Assem-
bly, on matters Of such grave import, involy-
ing the relation Of North Carolina TO her sis
tiers IN the contcdet acy, is reluctant to adopt
any settled policy without The sense of the
people, in whom, under our government, all
sovereignty resides, being first asccrtainei.
SEC. 1 BE u Hcrefofe eaactea by The
General assembly Of the Sttto If North
CaroiiEa, aHd u Is hereby eHacted BIZ tie ar
th0ritB Qf tie slme, tpo-thtrds Of all tie
members Of oqch house coRcurriHg, That up
on the passage Of this act the Governor of
the State be, aud he is hereby required, to Is
sue a proclamation, commanding the SheriGs
of the respective counties 10 the State to
open polls at tue several election precincts,
in said counties, on he 2Sth day of February.
A. d., 1861, when and where all persons
qualified To vote for members Of the Geaeral
ahNrAihfflF AtRN VI W vi NEdltlSI II DL1le
Convention those who wish y Convention.
voting with a printed or written ticket, Con
v%ention,' and those who do not wisha conven-
ton, voting in the same way No Conven-
ton also, to open separate polls at the said
time and places for the election Of delegates
10 the convention, TO be assembled on such
times as are hereinafter provided said polls
20 be superintendent by inspectors, appoint
cd by the shcriiis, with the advice Of three
justices OF the peace, Of the respective coun-
ties, who shall be sworn according to the
provisions Of sec. 8, chap. 81, of Revised
Code.
Sec. .. Be 10 FURTHER enacted, That it
shall be the duty of the sherids to make out
duplicate statements Of their polls, in their
respective counties, on the question of Con
%vention' and mo Convention sworn to
TO before the clerk of the county court, one
copy of which shall be deposited in said
clerks Office, and the other copy transmit.
ted TO the Governor OF the State, at Raleigh,
under the same rules and regulations, and
under the same penalties, as are prescribed
IN the case OF the returns Of the vote for
electors Of President, and Vice President, as
now prescribed by law, Immediately after
said election.
SEC. 8. BE 10 further enacted, That it
shall be the duty Of the Governor, as soon
rs he shall have received the returns of the
ShcrIlfs, in the presence Of the Secretary of
the State, Public Treasurer and Comptroller,
to compare the number of votes for and
against a convention and if it shall appear
that a majority Of the votes polled are in IA
vor OF a convention, he shall forthwith issue
n proclamation in such manner as he may
think proper, summoning the delegates cleo
ted to said convention, as aforesaid, to con-
vcne in Raleigh, on such day as he may de-
signate in his said proclamation: Provided,
the day designated be not earlier than the
eleventh of March; and il a majority of the
votes polled arc against q convention, the
Governor, shall in like manner issue a proc
lamation of that fact and in that case, the
assembling ofsaid delegates, elected as afore-
said, under the provisions Of this act, is
hereby declared to be illegal and of no eff
feet.
SEC. 4 BE IL FURTHER enacted, That the
election for delegates as aforesaid, shall be
held and conducted in the same manner as
elections for members of the General Assem-
bly,, and the vote shall be counted and the
scrolls compared, and certificates issued in
the same manner as prescribed by law for
members Of the House of Commons.
SEC. 8. BE 10 FURTHER enacted, That if a
NaNAtiNN NAiNi bNNAi " wv dthbll, lCClHud
ton or removal from the State or by the re-
fusal to %servo,or any person elected delegate
as aforesaid, the presiding officer Of the
Convention shall issue his writ to the Sher-
III of the county in which such vacancy may
have occurred, after such notice as the con-
yenttOn may order, TO opeu a pun CO u 49,
vacancy under the same rules and regulations
AS hereinbefore prescribed for the election
Of delegates. -.
SEc. 6. Be 10 further enacted, That the
said convention shall consist OF one hundred
and twenty delegates, and each county shai
be entitled to the same number OF delegates
as members of the House oil commons uh-
der the last apportionmcnt.
SEC. Z. BE 10 tarther eHdcteo' inal Ia
w;Ieage and per diem pay OF the delegate
g. aoid convention shall be the same as tina
or members of the General Assembly, to b
Maid IN the same manner; and said conven
lion shalI have power to fix the pay OF al
its officers. and of any representative to an,
convention or State, and shall provide 10
other EXPENSES, to be paid out OF the treasl
~ as il may direct. a.
'Syc 8. BE 10 further enacted, mat u !!
said convention shall have power TO e.ecV i
officers and prescribe qualifications ior i
,ncn,hors. not inconsistent with the true II
tent Of this act. MI. 4,
Size. 0. Be it FURTHER enacted, That u
said convention shall have power TO Cohsl
or all grievances affecting North Caromoa'
a member Of the Confederacy, accorulnS
the propositions herein contained, oelh9 !
sneetively expressed by the vote, 'Conye
tion, or no convention at the time ana
tho mode hcrcinbefore prescribed.
Size. 10. Re 10 further enacted, lhat
ordinance Of said Convention shall have a
force or validity until il shall have been ra
fed by a majority of the qualified voters
members of the General Assembly, to wh'
itshall be submitted according to the mode P
scribcd for elections Of members to the ho'
of Commons, the assent or dissento fthe pco
hereto being expressed as in preceding s
tons Of this act.
SEC. IL. BE IL further enacted, Ihat
delegate elected Shall be permitted TO =
his seat in said convention until ne ST
have taken and subscribed to the follow
oath, before any judge of the Supreme
Superior Courts, or any justice OF the pc
of Wake county, TO wit: !, A. b., do
EMMY swear or affirm (as the ease may
that will not do any act contrary to
act Of the General Assembly under wi
this convention is called and that will
ly and faithfully discharge my duties
Esmber Of this convention according to
me G6my knowledge and ability, SO
SEC. L. d.,
,his act shall u IL further enacted, !
nat;6ration. e,rce from and after