Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-02-15
HOUSE OF COMMONS.

HOUSE OF COMMONS
| FRIDAY Feb. g. 1866
The House was called to order at 10 o'clock A. NJ.
Prayer by Rev. DR.. Smedes, of the Episcopal Church
| The journal of yesterday was read and approved
Sundry reports were made from standing committees
by the Judiciary committee as to the propret of enacng
Mechanics lien law.
SINKING FUND.
Mr.. Smith Of HEREFORD from the select committee On
the Sinking Fund submitted detailed report in relation
to said fund and its management accompanied by the
ResotUed That the Commissioners of the Sinking Fund
for the ability faithfuness and integrity with which they
have discharged their and responsible duties
tain the undiminshed confidence of the General
The resolution adopted and the report was ordered
Mr.. Allison rose to personal explanation In the re-
port of legislative proceedings in the morning papers,
stated that the Amendment he offered committee
OF the whole to the 18th section of the bill i'll relation to
negroes Indians, and persons of color proposed allow
negroes to testify in al controversies Such not the
negro testimony controversies which they parties
The section without such amendment permitted the negro
testify against white persons, but in their taro-
It with view to obviate this that the amendment
was offered.
Mr. Cox introduced bill for the relief of the suretes Of
J. Z. White, late sheriff of Perquimans county.
bill to alter the county line between the counties Of
Mitchell and 1ancey, put on its I'd reading.
Mr.. Marler opposed the passage Of the bill The
seat Of Mitchell had been removed to the western end
county central by adding the county of Mitchell
portion of Yancey The region proposed to be thus added
to r pase He Isq ad at t0 as peo
signed by two hundred citizens of Mitchell county
against bill passed at tho last session altering the oca
ton of the county site of said county He had received
1t after the passage OF the bill. .
have the object alleged by the gentleman from Burk He
did not interfere in the internal affairs of other counties
and did not recognize the right of others to interfere in
The bill passed dit It's I'd ID reading aatig'S7'S''
FREEDMEN.
At II o'clock A. NJ the house resog Gd itself into com
mttee of the whole, on the bill in relation to NEGROES
Indians and persons of color, or of mixed blood.
Mr.. McACen called to the chair
In section H. Which to rapea certain laws en-
Cameron proposed to amend by inserting in the 5h line
after the words free negroes the words except
10th chapter Of the Revised Code which prohibits slaves
and free negroes from bearing arms, and the immigration
ofree negroes this state The bill proposes their repeal
among Others and Mr.. Camerons object their reten
toni The amendment adopted
the following for the 9th, 9TH and 8th sections:
Where persons Of color have undertaken to mtermarry
have lived together and wife until the first day Of
June, A d. 1863 they shall be deemed to have been law
fully married: rooided nevertheless that where mari
age between either of the parties and another person
April A. D., 1865 according to the forms prescribed il
the Revised Code, chapter sixyeght, such subsequent
cided further, that all persons Of color who shall have
heretofore lived together as man and wife and shall
nue to so live together after the passage of this act until
the first day OF April A. D. 1866 shall be deemed to be
Where persons heretofore lived together as
and wife and DESTROYS Of being married accord
ing the provisions revised code chapter sixty
license and no tax shall be due or fec shall be allowed
therefor
On motion of Mr.. Phillips, this last paragraph was
stricken out.
The question recurring the amendment as amended
Mr. Wilson moved to amend the amendment by substi
tutng the following
Be tue e,acted That all persons of color who have
voluntarily cohaited together III the relation Of husband
and WIFE and still cohabt together i'll that relation,
the ratification of this act shall be deemed to have been
lawfully married. although they may not have been
risd in due form orr Of law Iej s1r ;+ -
Mr. Farcloh Of Wayne, moved to amendit by substitu
Sec. 6. That all men and women who are persons of
color voluntarily cohabng together in the relation
man and wife, although they not have been married
in due form of law and their former issue shall be deemed
col tanned shall affect rights relations of free per-
of color heretofore legally married And all persons
rage shall go before the clerk of the Court CT Pleas and
Quarter Sessions of the county in which they reside and
its commencement and the clerk shall enter the in
book kept for that purpose.
fore the Clerk of the County Court and have their
SsI y Of 9 5C p and I2S a h &
erection Of the court and their failure for each month
thereafter shall constitute separate and distinct offence
This amendment was amended on motion Of Mr.. Phil
to the word deemed Inclusive and insert
ing, g That in all where and women, both or
of whom were lately slaves and are now enancpated
the parties shall be deemed, ETC..
The provso in the section also stricken out
motion of Mr. Phillips, and the following added at
the close the section, and such entries shall be deem
ed prna tacje evidence of the allegations therein
tained.'
Mr.. Faircloth's amendment further amended, on
motion of Mr.. Phillips by adding at its close the following
words Excepting, however from the operation of this
provision all cases where mar1laSe shall have taken
according to the forms of law and provided further that
all such persons shall have heretofore lived together
Thus adopted, Mr. FaircOths amendment amended
substitute for the offered by Mr.. Smith of Hert
ford, and then substituted for the 9th and It'll
tons of the bill.
motion of Mr. Cameron, the 9Th section of bill
prentces shall give them the preference others.
The committee then rose, and reported progress.
On motion of Mr.. Waugh, the bill and amendments were
referred to the committee the judiciary and ordered to
be printed.
Mr. Hoke introduced by leave ga bill 20 authorize the
banks Of the state to close their business
f1r. Russell, "a bill to creditors i'll certain
cases"
On motion of Mr. Faison message was sent to the
Senate, proposing to raise committee to into
the condition Of the public business, with view to sug
costing time for adjournment.
Mr. Caldwell from select committee reported subs
for the bill to authorize the establishment Of courts
arbitration in the several counties of the State Passed
1st reading.
The House then adjourned until 10 O'Clock A. NJ TO-
morrow.
THE ARREST OF Gov. Observation-Disclosures err
roneous statements having been in circulation in
regard to the arrest of Gov. Morehead at the late
government sale in this town, it may not be amiss
to give true account Of the matter, under
stand it. The governor claimed the property or
at least damages to the value thereof but by rule
in law, before he could proceed to attempt to re
cover damage it his duty to protest against the
sale, which he attempted to do intending in the
same connection to make proposition to which
no one could take exceptions, and which would
mot interfere in the least with the SALE But he
was not allowed to proceed far with his proposition
until he told by the officer conducting the sale
to "consder himself under arrest Of course the
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