The tri-weekly standard., 1866-06-02
Proceedings of the Convention.
ADJOURNED SESSION,
THURSDAY, May 31st, 1866.

passage of an ordinance.
The committe ON salaries and fees reported
an ordinance recommending its passage.
The committee on the ordinance regulating
interest reported, recommending its rejection.
Mr. Logan an ordinance to allow the peo-
pie of Polk county to vote in their county
in the districts attached to it for Members of
the General Assembly.
Mr. Moore from the constitutional commit
tee, reported an ordinance as substitute for
an ordinance concerning debts of the State
to be hereafter contracted, to be entitled an
ordinance concerning debts to be hereafter
contracted and revenue levied, making the
provisions of the ordinance also applicable
to county debts.
Mr. McIvcr introduced an ordinance pro-
viding that when persons were unable to
give ball. they should be sent to a work
house, and not to close confinement.
Mr.. Grissom introduced an ordinance au-
thorizing exchange of registered State
bonds for bonds now being issued by Public
Treasurer, an3 extending the privilege only
to citizens of the State.
Mr.. Grissom moved that the rules be sus-
pended and the ordinance just read be put
upon its several readings. The measure he
thought was perhaps of as much practical
importance to the great body of the people
of the State in their pecunary distress as
any which may claim the attention of the
Convention. Whatever delegates might
think of the policy of stay laws in general,
there could be no objection to the application
of its principles, when adopted at all, to all
debts alike. This ordinance proposed moth
ing more though he was prepared to go much
further in his votes, for the protection of that
peculiarly unfortunate class-the debtors of
the State.
The country had been overwhelmed with
misfortune, the social fabric had been sha-
ken and overturned. North Carolina had been
stripped of her wealth her happiness, her
sons and her political power and the COM
nrfhity had been left the residuary legatees
of but little except debts and suffering.
In this hour of their extremity the people
looked to this Convention for aid, and rather
than not afford it, he would prefer to abro
gate the jurisdiction of the courts in ciUH
suits altogether for time.
Mr. Mebane introduced an ordinance to
incorporate the Cooperation Association, at
Company Shops.
Mr. Faulkner introduced an ordinance pro-
viding against obstruction to the passage of
fish through the streams of the State.
Mr. Simmons introduced resolution that
no business Of a legislative character shall be
entertained by the convention after the second
day of June, unless recommended by the
Governor.
The unfinished business of yesterday was
resumed being the consideration of Mr.. Cald-
wells amendment to section Of the bill of
rights, dispensing with trial by jury for mis-
tiemeanors, giving such trials to magistrates,
but securing the right ofappeal.
Mr.. Mcbane moved a substitute to Mr.
Caldwell's amendment to section as fol-
lows: The Legislature may, however, pro-
vide other modes of trial with right of APP
peal for midemeanors," which was accepted.
Mr.. Caldwell of Guilford addressed the
House urging the adoption of the amend
ment to section nine.
Mr. Eaton said that he was not prepared to
surrender the right OF trial by jury for GRIM
inal offences. established as bulwarE for
liberty by our forefathers. Did the gentle
man properly comprehend the scope of the
word misdemeanor. Bisamy, assault and
battery with intent to murder, or main, or
commit rape, and perjury were misdcmeanors
Does this amendment propose to give
to magistrates the power to try all such
cases Then the rich man might injure the
poor one-choose magistrate, go before
him and be acquitted. Out ofso many magis-
trates a corrupt one could be found, upon
whom the influences of wealth and position
could be brought to bear He was opposed
to the change.
Mr.. Phillips said that the provisions of the
constitution as to civil and criminal cases
were identicaily the same. But magistrates
had already been accorded jurisdiction in
civil cases by the decision of the Supreme
Court, owing to the increase of population
and causes of litigation. The trial Of GRIM
inal offences. even the most trivial, have how
ever been confined to jurics. 1t was for the
protection of personal rights but this kind
of protection has at length come to be Il
grave nuisance, grinding into powder the
people. 4 man commits affray of an in
significant character, he has no choice of
trial but must 90 before jury, fee his lawyer
and pay fine. A magistrate could settle it
in a few minutes, and if the party felt ag
grieved the right of appeal was secured to
him. He was for allowing the Legislature
some "play" in the matter for the reduction
of this antiquated and complicated ma
cl.inery.
Mr.. Winston said that malefactors dread
ed the County Court but the Superior Court
more They would not dread these magis-
trates, whom they would aid to elect, per-
haps. He was for maintaining the majesty
of the law, and by providing for the certain
punishment by jury deterrng the wicked from
committing crimes.
Mr. Dick said that he always favored a ju-
dicious system of reform. That this old
method of forcing men into Court, for the
section as it stood allowed them no op-
ton for trial by jury OF the most triv-
ial misdemeanors had become a great nui-
sance. 1t deprlves the poor man OF his
money, which he has to pay for the enjoy
ment of "a right, with which he would rather
dispense for more expeditions method.
Give the Legislature the power to make laws,
regulating the jurisdiction of the magistrates,
securing the right of appeal, however, by
constitutional amendment, and we would
have swept away at one blow a most COM
piicated and burdensome system.
Clothe the magistrates with power and you
would make them respectable at once. They
can dispose of all these light offences which
now block up the way of justice. and which
have been SO much increased recently by the
emancipation of the freedmen.
Mr.. Brown thought that it was now neces-
sary to relax the ritual of these ancient
forms of government and to simplify the
machinery of government, which being Gre
ated to protect, hath now become oppressive
to the liberties of the people. Whole neigh
borhoods are now drawn to Court to testify
in criminal cases the most riff g to the de
moralization of the people anu impoverish-
ment of the country. There must be some
simpler method; and if left to the Legisla-
tlofh ho1 ,voul1