Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-03-01

No tax can be levied on the citizen except by
law no county, city or town can levy tax on
the citizen, nor borrow money ana issue pohus
therefor, unless empowered to do so by the leg1s-
Iative branch of the government-that is by a con-
stitutional law If counties and other corpora
tons incurred debts and issued bonds under a
law which was void from the beginning, the
question occurs whether bonds issued and DEBTS
contracted byvirtue OF acts legislature "nlcn
are nullities and were from the beginning can be
enforced between the parties before legal t1Dunal
While it is unnecessary for this committee TO de-
eide this question between counties and corpora
tons and their creditors, which is one purely Tor
the courts it is the duty of the committee to de-
eide and declare whether these debts and obhga-
tons thus incurred by counties and corporations,
as between them and the State are null and void
under the ordinance of the Convention. The
foregoing inquiry leads the committee to the con-
clusion that they not and can never constitute
valid claim against the State.
While the committee will express no opinion on
the right of the Convention to pronounce an IRE
versible Judgment that law, vestlng rights IN
corporations and individuals acting under It, is
incompatible with our allegiance to the United
States and void, it would yet seem that the Con
vention is clothed with all the political and civil
power of the State, and solemn adjudication OF
the Convention that all debts and obligations of
the State, incurred directly indirectly in aid of
the rebellion are void, is binding on the legisla
tive and judicial branches of the government,
until reversed by the higher authority OF the Su-
preme Court of the United States.
The justice OF policy of declaring void any part
of the debts of the State does not enter into the
inquiry imposed upon the committee, and they
express no opinion thereon.
In conclusion, the committee beg leave to sub
nit the following preamble and resolutions, and
respectfully recommend that they be adopted.
By direction of the committee.
W. P. BYNUM.
RESOLUTIONS DECLARING WHAT DEBTS ARE VAL
I'D AND NOT VALID UNDER THE ORDINANCE OF
THE CONVICTION.
WHEREAS, The convention by an ordinance
ratified the 10Th October, 1865, declared and or
dained that all debts and obligations, created or
incurred by the state III and OF the late rebellion
are void, and no general assembly OF the state
shall have power to assume or provide for the pay
ment of the same and whereaS, by the first sec
ton of the same ordinance it is declared and Or
dained that it shall be the duty of the general
assembly of the state, practicable, to
provide for the payment of all debts and obliga-
tons created OF incurred by the state, otherwise
than in aid of the late rebellion and UheTe0S,
before providing for the payment of the debts and
obligations of the state it is necessary to ascertain
and declare what debts and obligations of the
state void and what not void, under the
said ordinances
[. Resoloed therefore, That all debts and obiga-
tions created or incurred by the state of North
Carolina, by the issue of bonds, Except certain
rail road bonds hereinafter named) treasury notes
and loans from the banks and Individuals between
the Goth day of May, 1861, and the LIST day of May,
1863 and now outstanding to the amount of S16,
500 1885, fully set forth in the treasurers report
to the convention of 1865, be, and the same are
hereby declared to be void under the said ordi-
nance.
II. Res0zred That all debts and obligations
created or incurred by the state between the Goth
day of May, 1861, and the 1st day of May 1865
for military clothing, and munitions Of war,
transportation, pay, salaries and wages of officers
agents and employees i'll the military service of the
state, be, and the same are hereby declared to be
void under the said ordinance.
LII. Resolced, That all the debts and allegations
of the state, created incurred prior to the Goth
day of May, 1861, and consisting OF bonds to the
amount of So, 749, 500, and the coupons due there
upon not having been incurred in aid of the re-
bellion, be, and the declared to be valid,
and the faith of the state is pledged to their pay
ment by the said ordinance.
~. ResOlred That the following bonds issued
for railroad purposes, since the Goth day of May,
1861, to wit for the Wilmington, Charlotte and
Rutherford Railroad, $3.50 900 for the Chatham
Railroad, $249, 600; for the Western Railroad,
100000 for the Western N. c. Railroad, $780,
900, debts and obligations of the state, incur
red not in aid of the rebellion and are declared to
be valid under said ordinance
Y. ResOtred, That the unpaid salaries and ar
rearages of salaries and fees of the civil officers of
the state, which accrued between the Goth day of
May, 1861, and the LIST day of Nav 1868 are debts
and obligations of the state incurred not in aid of
the rebellion, and are valid under said ordinance
VI. Resoloed, That the debts and obligations of
all counties, towns and other corporations of the
state created or incurred between the Goth day of
May, 1861 and the LIST day of May, 1865, so far
they may be made the subject of claim against the
state, be, and they are, declared to be void under
the said ordinance.
MINORITY REPORT OF JOINT STANDING:
COMMITTEE ON FINANCE.
The undersigned not concu11ing in the report
presented on behalf of the majority Of the com