Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-06-27

eSS INC sessions be made perpetual. For the treason
may occur In the recess. He did not believe the doc
Urine 10 oe true announced by the elder Adams and en-
uorSed ny the delegate from Alamance, that where
annual elections ended tyranny began" They had en-
oed IN North Carolina in the year 1853 Will apy one
say that tyranny then began in glorious old State
ne eVl Is and has been, not that legislators rape on
the rights OF their constituents but that they are too
suOservent to them fearing Them and crnging to them
LOO uch Ii 1t be necessary to have annual sessions or
elections, why not have them every SIX months? The
true course Is to pursue " the golden mean" While
elections should sufficiently often to prevent the
people from losing sight of their rights and liberties
they should not often to weary and constant
excite and agitate them By this means there would
be nceSsant work for demagOgues and consequent dan
ger to liberty. We may learn lesson of wisdom from
the trainers of the Confederate Constitution who have
made the Presidential term six years instead of four
If that sing feature had been different in the constu
ton OF the late United States that Government instead
OF beng as Il Is now, dsmembered despotsm might
have been standing in its former completeness and gran
deur, and as far as human foresight determine,
might have stood forever.
He proposed he said to call the Legislature together
ON the 10Th of August because the Provisional Con
gress, which will meet 10 Richmond the Goth of July
Will have fixed ratio Of representation in Congress-
SO that the State could be laid off into districts and
engagements be made for the Presidential election which
will probably in November.
Mr.. Rufin called the attention of the delegate from
Wayne to the 10th section of the Declaration of Rights
which declared that elections ought to be often heidi
This he said was what fathers thought.
Mr.. Strong replied that the very Convention which
affirmed the Declaration of Rights had established ben-
NAL sessions of the Legislature. Would the delegate
say that that august body had hemSves violated the
principle which they had laid down for their posterty
The word otter was indefinite. Yearly biennial or
quadrennia sessions, would each be often according
to the views of him who was called on to Judge. He
himself thought with the Convention of 1885, that ben-
NAL elections was held " often"
MIR. Brown in favor of postponing the session of
the Legislature No consideration of the public good
calls for the assembling of the Legislature on the 25th
inst The people did not wish it to convene; the pub
lie sentlmentfrom every quarter that he had heard
against its reassembling at so early day Was in ia
of leaving discretionary with the Governor to call
it together when the necessity of the times required
He defended the action of the Legislature in the pas
sage of the Stay Law which had been pronounced
unconstitutional by several delegates this floor and
argued against its unconsttuonaty, because at the
time it passed, North Carolina had resumed and
was exercising the right of sovereignty and consequent
y could not have been in violation of the Federal
Confederate Constitutions. The Legislature deemed it
proper measure for the public defence, owing to the
rigorous conduct on the part of creditors throughout
the State.
MIR. Rufin replied to Mr.. Brown. He had not con-
sdered the Stay Law critically in legal point of view.
He argued that it contrary to the old Federal Con-
sttution, at the time it passed into law, this
State had not withdrawn from the Old government. 1t
was also in violation of the Confederate Constitution,
North Carolina having adopted that Constitution.
By consent Mr.. Strong modified his amendment by
inserting in place OF "3d Monday in November "the
Sd Monday in August"
Mr. Wilson moved to lay the whole matter on the
table, but subsequently withdrew it.
DIR. Bggs called for division Of the question upon
striking OUT and the Convention agreed to strike out
and the question REQUIRED on the amendment of Mr.
Strong.
Mr. Bachelor asked that the amendment be divided
the same containing two substantive propositions.
The chair decided that such motion not in Or
der, it amounting to an amendment in the third degree
From this decision, MIR. Graham appealed to the
Convention, and upon the question shall the decision
of the chair stand the judgment Of the Convention,
it decided in the affirmative.
The question now required upon the amendment oil
Mr. Strong and the same being Eut was decided IN the
| negative Yeas l3, nays 49,
| Yeas and nays being demanded by Mr.. Barnes Mr.
Run moved to amend by striking out all after the
ordanng clause of Mr. Reds ordinance, and insert as
| follows That the General Assembly shall hereafter
meet at least in every year. and each meeting snail
be the third Monday of November, unless they sbal
by law appoint different day. and at its first annua
session after the year 1861 aid from time to time there
AFTER shall elect by Joint vote OF the two Houses Sec
rotary of State, Treasurer Comptroller and Council
State, who shall continue in office for the term OF two
| years.
division being called for by Mr. Bachelor, and thu
|
of Mr.. Reid, it was decided in the athrmatlve-1e a
"a, nays 33.
Mr. Ellison moved the following as substitute fol-
| the amendment of Mr.. Ruffin " That the resolution
passed by the General Assembly at its late session pro
vidng for an adjourned session of the said General AS
sembly on the 25th Of June 1861, be and the same
hereby abrogated and annulled."
Mr. Crage moved that the whole matter be laid upor
the table. The yeas and nays were ordered.
The motion do not prevail-Yeas %, nays Is.
no n
Mr. Ellison and Mr. Craige demanded the yeas anC
nays. The same adopted-yeas 81, nays AZ
| Mr.. Craige at 20 minutes 70 O'Clock, moved ar
adjournment, and demanded the yeas and nays. The
motion did not prevail.--Yeas "a, nays SO.
| Mr.. Stewart offered the following amendment:
BE 1T further ordained, That the present Genera
Assembly shall meet in regular session on the secono
Monday, in November, A. D.. 1861, provided that the
Governor shall have power to call an extra session al
any day the exigencies OF the time may require
! Mr.. Howard then at o'clock and lO minutes NOV
ed that the Convention adjourn
Mr.. Smith of Johnston, demanded the yeas and rays
which resulted, yeas %, nays TO-
The question now recurring on Mr. Stewards amend
ment and the being put, was decided In the mega
tive Yeas At, nays 81.
| Yeas and NAYS being demanded by Mr.. Stewart.
The question was then upon ordering the ordinance
to third reading and it agreed to.
Mr.. Ferebee moved suspension of the rules anc
have the same read now its third time.
MIR. Badger moved to make the same tne speclal OF
der for l01a o'clock tomorrow. After some discus
sion, agreed to.
| The Convention then, on motion of Mr.. Graham, al
| 9 o'clock and 20 minutes, adjourned
| TwENTY-FIFTH DAY.
| TUESDAY, June 18th, 1861.
The President called the Convention to order at II
o'clock.
| The Journal of yesterday read and approved.
Mr.. P G.. CALDWELL delegate elect from the county O
Meckenburg to supply the vacancy created by the resg
of Mr. johnston appeared produced his credentials
and took his seat.
Mr.. Smith, CT Johnston, from the committee on the resou
ton to permit soldiers VOTE reported ordinance pro
vidng for the opening of polls in the encampment under
certain regulations
MI HoEard. from the committee on military affairs, re