The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1865-12-19
N. G. LEGISLATURES.

Judiciary Committee, submitted the following
i report, viz ss- 7tssya& s,fS
The majority of the committee on the Judi
ciary, to which was referred the joint resolution
OF this General Assembly touching the amend
ment to the Constitution of the United States
ratihed at the present session, and known as the
thirteenth article, having considered the same,
beg leave to report :: - -
The General Assembly has ratified the fol.
lowing amendment to the Constitution of the
United States, to wit
Sec I. Neither slavery or involuntary seryitude
except as punishment For crime, whereof the party
shall have been duly convicted, shall exist within
the United States, any place subject to their uriS
dicton. ..'-' ..-
See II. Congress shall have power to enforce this
! Article by appropriate legislation"
1t is clear that no after action of this body
can change the legal effect of this amend nent,
or enlarge restrict the powers of Congress,
conferred either by the first or second section
thereof. The subject has passed beyond the
control of this body, and has become matter
Of judicial Interpretation only.
| 1t is plain to this committee and to the people
! of North Carolina, and, as this committee be-
| leves, to every fair minded statesman or iurist,
| North or South, that this amendment confers
no power on Congress to legislate upon the SUBJ
ject Of freedmen within the States. While,
however, the legal effect of this amendment is
t SO plain to US, the majority. of the committee
cannot shut their eyes to contemporaneous his
tory. The power to legslate within the States,
founded this amendment. is now claimed, in
and out of Congress, by statesmen and lawyers
eminent for their abilities and formidable for
their numbers, zeal and Influence.
The tribunal appointed by the constitution
for its Interpretation, has not always proven
| barrier to legislative encroachment; nor can
majority Of this committee undertake to say that
it will hereafter prove safeguard to the reserved
rights of the States
Mindful, therefore, of the encroachments Of
power, of the momentous issues involved, and
! conscious of the recitudc of their own inten-
| tions, the majority of the committee, in dis
charge of plain duty to themselves, to poster
ity and to truth of history, desire to spread be-
fore the country, in the most solemn form, the
sense in which they and, as they believe, the
people of the State through them, have accepted
and ratified this amendment to the Constitution
of the United States.
They therefore report back and recommend
the adoption of the following joint resolution.
ResolUed, Tha. by the General Assembly of
the Stale of North Carolina, that we have ac-
cepted and ratified the said amendment, in the
sense given to it by the Hon. VIM. Ii. Seward,
Secretary of State of the United States, to wit !:
that it does not enlarge the wers.of Congress
to legislate on the subject of freedmen within
the States. W. p. BYNUM,
For Majority OF the Committee.
A message was received from the House pro-
posing to reseind the joint order providing for
the administration of the oaths of office to the
Governor elect when the votes are counted.
Mr. Wilson said that he had the honor of
introducing the resolution, upon which the
General Assembly had agreed to administer the
oaths of office to the Governor elect He did
so through no disrespect to the Provisional
Governor, but from sense Of duty. H. be-
lieved it right and proper then and he thought
so now. Mr. W read from the ordinance of the
Convention and the Constitution of the State,
showing the necessity for such action now. His
only intention was 10 provide against the chance
of an interrrgnum in the Office Of Governor
The Legislature had, by joint vote, agreed to
adjourn from Monday week to the first Monday
ia February. What if the Provisional Govern
ment should end during the recess? What
would then be the condition Of the State 1t
was proper, we should provide against the con-
tingency, for no one knew the nour or day at
which the Provisional Governmen might expire.
1t was proper and legitimate that we should
place the Governor elect 10 the condition to
enter Immediately upon the discharge of the
duties of his Office whenever this should occur
We would be derclict should we fail
Mr. Warren thought that the two Abuses had
acted hastily in passing the resolutions.
Mr Leitch of Robeson, concurred with the
Senator from Mecklcnburg (Mr, Wilson, -
There could be no possible objection to the ad.
pinistration Of the oaths. have not proposed /
to inaugurate the Governor elect, but merely to
prevent any difficulty in the way of his entering
into the discharge of the duties of his Office,
should the Provisional government expire during
the recess CT the General Assembly.
The message was coucurred in.
In the House, Mr Manly from the Judiciary
Committee reported against bill, giving ex-
elusive jurisdiction of breaches of the peace to
Superior Courts.
The same also reported and recommended its
passage, resolution inquring whether all civil !
Courts can be re-established at once, and if so
that Goy. Holden establish the Courts as soon as
possible
The same reported against bill authorizing
j Justices Of the Peace to levy taxes for working
roads.
Nj Smith Of Hertford, from finance commit !
tee, bill to provide for paying the State debt
before the war Recommends the Treasurer, (
after the lst of January, 1866, to issue Bonds
Of Sl00, $500 and 81 600 to the extent of three
and half millions-to run for 35 years at 6
per cent.
Mr. Smith of HEREFORD, moved a suspension
of the rules that the bill might pass its second
and third reading On the question to suspend, {
we're yeas Sc, nays l9. Rules suspended and \
the bill passed its second and third reading.
The same reported against bilT authorizing
the State to assume and pay U. S. land tax 4
The hour of II having arrived. the Senate