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

on on tho art " ' ne reasons which prompted ~
u' 0oo pars u tne citizens of Wilmngor e &C.
Mr. Howard introduced resolution zee Of Eve
fuollc treasurer to pay L. W. Joyuer, sSo Eng the
ces as CLERK to Military Committee 300 Tor servi
On motion of Mr.. Howard, the rules rvoro
ana the resolution passed its several readna suspended
nc lout Vi u O'Clock arrived, and the Prosa.-,
nounced the unfinished business Of yeserd neden an
majority and minority reports of the oeIng the
the 25th inst o'Ns''0 assembling On
Mr. Headen addressed the convention H.,
IN favor OF either report. He argued that tho not
slon Vi tne Legislature would bea regular ona As @-
existence continues two years after elected i as It's
may adjourn from day to day Gentlemen on ~', tb
VINO were not In favor of referring the Constit oor
the Confederate States to the people becarco F OF
sence OF thousands from the State are now i; 'e aD
a6oshng the Legislature and letting the peon p'oE
Mr. H. was 10 favor OF an ordinance to assemble ~
Legislature In the latter part of November nav 'ae
Mr. Howard SAID that Wednesday, last IT,
that ne was In doubt about the legal questions aEtC
IN the propositions now under discussion bpt
time he had arrived at conclusion satisfactory ~
self. ' " I'M
The delegate from Wake proposes General A.,o..
bly, for one year, session to be held on the "a M3
OF November next, and contends that the conri5
OF The time OF meeting with the time established f ~
meeting of the biennial session of the General Are
constitutes the regularity desired The DELIBERATE f
Alamance says the delegate from Wake IS riGbt 90 C
as ne goes but that 1t necessary to amend the con
tuition, and provide for annual session to make tbo
larlty OF the time perfect He could not assent ~ W
proposition of either; time was not of the oSo ut
the rule, and when tested the rule would he fonn5 j.
fectve. Ut
The Constitution simply provides for biennial CO.
sions leaving the time unfXed. The General AS
by appointed the Sd Monday of November, in each or
ternate year, for the meeting OF these biennial snsso
This, however, may be repealed Suppose the Cienerol
Assembly should appoint the Sd Monday of Decent
tor one OF these sessions, leaving the other ACCORDING
the general law, would it not be a regular session.
Suppose the general law should be repealed and eoob
session should provide for the meeting OF the next @
NAL session, would not the session thus called bo ram
lar? Suppose the Constitution should require each (io,
eral Assembly to provide for the election and time If
meeting OF its successor would not each session fins
called be regular? He supposed that every delegate
would answer afirmatively, to each of these o1p.
tlons If so, the time of the meeting of a session
could not be the criterion of its regularity What tb
would be the rule He thought it clear, everv session
las all those mentioned were) recognized by the COpS
tuition Supreme Law of the State was regular eve
ry session called by the temporary secondary auor
ties Of the State special irregular. This rna
was sanctioned by the Legislative records the ben
al sessions were recognized regular those called BY
the Governor special or irregular But it ght b.
said that this is of the Constitution but not Of an
ordinance What is the Constitution but an ordinance
of the Convention? Cannot an ordinance create mod
ly, or abrogate any provision of the Constitution
And although temporary in its effect is not eve
ry ordinance of as high authority the Constitution?
Certainly the propositions of the delegates from Wake
and Alanance recognize them Of equal authority for
surely the distinguished delegate from Aiamance would
not contend that the mere coincidence OF time Of the
session of the General Assembly proposed by delegate
from Wake and the session under his amendment 10
the Constitution, could constitute regularity OF time
IupIpC hot mot nv no
deed, If they are not of piece then not only is the S.
sion proposed by the delegate from Wake special or
irregular but this General Assembly is also petal
Mr.. Ii. therefore thought it clear that every session
recognized by the Supreme law of tie State was rgu-
lar, and that the Supreme law the Constitution Of
the State, when no Convention was in session. and the
ordinances OF the Convention when in session and that
asy session OF the existing any General Assembly
convened by this Convention would be re- uar.
MIR. H. further said, that this construction accorded
with the purpose Of the provision in the Confederate
Constitution, to prevent those temporarily in authority
from thwartng the sovereign will embodied in the
organic or Supreme law of the State,
He therefore held that the fact that the session
convened by the authority of this Convention would
make it regular whether called so not and should it
be convened on the same day appointed by the special
session, it certainly could act by virtue OF the higher
authority, by which it was endorsed.
Mr.. H. could not assent to the proposition Of gentle
men, that the Congress of the Confederate States III
deciding this question: could override the supreme law
OF the State 1t true that the Congress would be
the tribunal but in deciding upon the existence Oh valid
, iy OF State authority, the only question would be-
it recognized such by the supreme law of the State
No other power could should determine for Us, who
shall be State authorities, executive Legislative
judicial, SO long retain any portion OF our SOY
ereignty.
Mr.. Leake, of Richmond, replied to Mr.. Howard
He differed from that gentleman, as to It's being purely
legal question, but thought it Of common seGsa
He entertained the same views IS those eXprSscd y
the delegate from Aamance (Mr. Ruin) in relation to
altering the Constitution, to provide Tor annual
sessions lie opposed the dissolution of the Legislature
and did not feel bound by his constituents to vote oT
the proposition to abolish it. He thought it would be
the means of raising old party lines which had long
since been buried. Mr.. l.. spoke at length IN Oppose
ton to the ordinance reported by the majority.
f Mr.: Biggs stated that the man question was upon
. abolshlng the Legislature, proposed by the minority
;, of the committee, and withdrew bis amendment 70
order to get direct vote this question, lie l1aI
- moved to amend the minority report, by striking out e
first section which provides for the dissolution Of the
Legislature; 49,
Mr.. Rutin said there cause for the dissolution
of the legislature because it was elected by the people
and he thought it would be impoItic to set aside the
choice of the people. All objection may be removed
by so altering the Constitution to provide for annu
~ sessions and making the session of this summer ",
first of a series of annual sessions.
8 Mr. Battle of Wake, explained that in his remaT1'
on this subject previous OCCASION he had not TO-
tended to convey the idea that che present General As
a semby ought to be dissolved, account of its 6aa =
gisation but because of its inability to elect oena'"
= to Congress-
% Mr.. Graham said he was in favor of new LegH1,
ture being elected, not from any disrepect to ne
now in existence but on account Of the necessity Y
. case. 81,
Mr.. Long spoke in favor of the dissolution 4" u"
present Legislature and the election of new ore
y Mr.. Reid again spoke in advocacy OF the n'"''
: report. -;.;,o
y Mr.. Rayner addressed the Convention in OPP
to General Assembly convening on the Z2ih .s rar
Mr.. Meares obtained the floor and procee'eo ~ r.
- to portion of Mr. Rayner's remarks, but penulp9
- marks the hour tor recess arrived and the Con''n'
W took recess until o'clock this afternoon.
II