The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-02-14
1.AS1A4 <AA>M->SAx-

bear testimony in Az controversies Such
was not the purport of the amendment. II
only proposed to admit negro testimony in
controversies to which they are parties: The
section without such amendment, permitted
the negro to testify against white persons, 6ul
not IN. their .faror. 1t was with q view to
6bviate this that the amendment was offer
ed. [The reporter makes this correction very
cheerfully. Not having had the bill before
him he naturally mistook the effect OF the
amendment.
Mr.. Cox introduced a bill for the relief Of
the sureties of J. R. White, late Sheriff Of
Perquimans County.
A bill to alter the county line between the
counties of Mitchell and Yancy, was put on
its second reading GAO kr
Mr. Marler opposed the passage of the bill.
The county-seat of Mitchell had been reElov-
ed to the western-end of the county and the
object of this bill was to render thatcounty-
seat central by adding to the county OF Mitch
ell portion of the county of Yancy. The
region proposed to be thus added to Mitch
eli county, was scope of rough mountain
country sparsely inhabited. He had at his
room petition signed by over 200 citizens
of Mitchell county against bill passed at
the last session altering the locationof the
county seat of said county. Hehad received
it after the passage of the bill. e6l W
Mr.. Garland urged the passage of the bill.
1t did not have the object alleged. by the
gentleman from Burke. He did not inter
fere in tie internal affairs of other counties,
and did not recognize the right of Others to
interfere in matters in which they were un-
interested. ia3l nc
The bill passed its second reading.
At eleven o'clock A. NJ, the House resolv-
ed itself into committee of the whole, on the
bill in relation to Negroes, Indians and per-
SONS of color or of mixed blood.
Mr.. McAden was called to the chair.
In section II which proposes to repeal
certain laws and parts of laws in relation to
slaves and free negroes, Mr.. Cameron pro-
posed to amend by inserting in the 9TH line
after the words "Free Negroes" the words
/" except sections ID, SO, So, 81, SO and Sc"
These are sections of the 10th Chapter of
the Revised Code, which prohibit slaves and
free negroes from bearing arms, and the i'm
migration Of free negroes to this State. The
bill proposes their repeal among Others, and
Mr.. Cameron's object was their retention. |
The amendment was adopted.
Mr. Smith of Hartford moved to amend by
substituting the following for the 9Th 18th
and Sth sections:
Where persons of color have undertaken
to intermarry under any form or ceremony
whatever, and shall actually have lived to-
gether as man and wife until the first day of
June A. D. 1865, they shall be deemed to
have been lawfully married: Prooided, never
theless, that where a marriage between either
of the parties and another person of color
shall have taken place subsequent to the Goth
day of April A. D. 1865, according to the
forms prescribed in the Revised Code, Chap
ter sixty-eight, such subsequent marriage
shall be deemed the lawful marriage; and
procided, further that all persons of color who
shall have heretofore lived together as man
and wife and shall continue to so live together
after the passage Of this act, until the first
day of April A. D. 1865 shall be deemed to
be lawfully married
Where persons of color have heretofore
lived together as man and wife and are de-
sirous of being married according to the
provisions of the Revised Code Chapter
siXty-eight, the clerk for any county upon de
mand shall issue a license and no tax shall
be due, or fee shall be allowed therefor.
On motion of Mr.. Phillips, this last para
graph was stricken out
The question recurring on the amendment
as amended, Mr.. Wilson moved to amend the
amendment by substituting the following:
BE at .turther enacted, That all persons of
color, who have voluntarily cohabited to-
gether in the relation of husband and wife,
and who still cohabit together in that rela-
ton up to the ratification of this act, shall
be deemed to have been lawfully married,
although they may not have been married in
due form OF law. Rejected.
The question recurring on Mr.. Smiths
amendment, Mr.. Faircloth of Wayne, moved
to amend it by substituting as follows:
Sec. 9th. That all men and women who
are persons of color, now voluntarily cohabit-
ing together in the relation of husband and
wife, shall be deemed lawfully married as
man and wife, although they may not have
been married in due form of law, and their
former issue shall be deemed legitimate for
all purposes: Proridea, that nothing herein
contained shall affect the rights or relations
OF free persons of color heretofore legally
married. And all persons whose cohabita-
ton is hereby ratified into state ofmarriage,
shall go before the clerk of the Court of Pleas
and Quarter Sessions of the county in which
they reside, and acknowledge the fact of
such cohabitation and the time of its COM
mencement, and the clerk shall enter the
same in book KEEP; for that purpose.
Sec. 7. That if amy of such persons shall
fail to go before the Clerk of the County Court
and have their marriages recorded before the
first of May, 1866. they shall be deemed
guilty of a misdemeanor, and punished at
the discretion of the Court, and their failure
for each month thereafter shall constitute a
separate and distinct of snce."
This amendment was amended, on motion
OF Mr.. Phillips, by striking out, in the sec
ton numbered 8, from its commencement to
the word deemed f." inclusive, and inserting
That In all cases where men and women,
both or one OF whom were lately slaves, and
are now emancipated, now cohabit together
IN the relation OF husband and wife, the par
ties shall be deemed" etc.
The proviso in the same section was also
stricken out, on motion of Mr. Phillips, and
the following was added at the close Of the
section: land such entries shall be deemed
Prama facie evidence of the allegations there
in contained. 1865
Mr.. Faircloth's amendment was further
amended, on motion of Mr.. Phillips by add
ing at its close the following words: "Ex-
ceptlng however from the operation of this
provision all cases where marriage shall
have taken place subsequently by the 26th
day OF April, A. d. 1865, according to the
forms OF law; and prOoided .furtae, that all
such persons shall have heretofore laid to-
gether."
Thus amended, Mr.. Faircloth's amendment
was adopted as a substitute for the one of