Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-06-07

nous without any record OF the proceedings be
ing had.
Pending vote on the proposed amendment,
the Convention adjourned until 10 o'clock to,
morrow.
THURSDAY, May 81, 1866.
The Convention was called to order at 10 O'Clock
The Journal Of yesterday was read and APP
proved.
Mr. Wilson, from the Committee on the STAY
Law, reported an ordinance to amend the act of
the General Assembly entitled "an act to alter
the jurisdiction of the Courts and the rules OF
pleading therein" Ordered to be printed
Mr.. JONES' of Davidson, for the Committee on
Salaries and Fees, reported an ordinance to amend
the act of the General Assembly, entitled I" Saa-
ries and Fees" Ordered to be printed.
Mr. Dockery, for the Committee ON Constitu-
tional Amendments not otherwise referred, repor.
ted back ordinance in relation to imprison.
payment of interest, recommending that they be
not passed.
Mr.. Winburne, from select Committee, repor-
ted substitute for the ordinance to secure the
rights of citizens in the navigable waters of the
State, recommending its passage. Ordered to be
printed.
Mr. Logan introduced an ordinance to grant to
the citizens of the County of Polk the power of
voting with the District or County to which they
are attached, in the election of members of the
General Assembly.
Mr.. Moore, of Wake, from the Committee tore.
wise the Constitution reported substitute for the
ordinance concerning debts of the State to be
hereafter contracted.
Mr. Grissom introduced I" an ordinance to au-
thorize an exchange of State bonds in certain
cases." Referred to a select committee.
Mr.. Phillips, resolution to have six copies of
the abstract of the census of 1860 printed for the
use of each member of the Convention. Adopted
under a suspension of the rules
Mr.. Mebane, an ordinance to Incorporate the
Cooperation Association No. l, at Company
Shops.
Mr.. McIvor, an ordinance to provide for the
passage of fish in the navigable waters of the
State.
Mr.. Simmons, a resolution that after the End OF
June next, the Convention will not consider mat
ters of purely legislative character, except upon
recommendation of the Governor of the State
Lies over under rule
The special order, viz an ordinance amending
the Constitution, on the basis of Representation
was postponed, on motion of Mr. Phillips, to be
considered in it's proper connection with the
amended Constitution.
UNFINISHED BUSINESS
The Convention resumed the consideration OF
the amended Constitution the question recurring
on the amendment offered by Mr.. Caldwell, Of
Guilford, to section 8, article 1st of the Declare
ton of Rights.
Mr.. Moore, of Wake, still approved the end
contemplated by the amendment, but had arrived
at no satisfactory conclusion to the terms in
ferred the question to be passed for the pres
ent
Mr.. Mebane offered the following amendment
as a substitute for the amendment pending, viz
"The Legislature may, however, provide other
modes of trial, with the right of appeal, for mis-.
demeanors."
Mr.. Caldwell, of Guilford, accepted the pro
posed substitute, and addressed the Conventionin
its favor
Mr.. Eaton opposed the amendment in any
shape. 1t proposed to allow the General Assem-
bly, to deprive citizens of the right of trial by Jury
in case of misdemeanor. The term misdemeanors
embraced large class of offences, many of which
are of the gravest misunderstanding all known
to the law, with the exception of capital felones
perjury, subornatlon Of perjury, mayhem, assault
with intent to kill or commit rape, bigamy, LARGE
ny, gaming, were all misdemeanors. How then
should this Jurisdiction proposed to be conferred
on a single iustice,) be defined restricted ??
The term hirjaI misdemeanors was very vague
was not susceptible of satisfactory definition
Mr.. E. then adverted to the irresponsibility Of
the proposed tribunals and their liability to BE-
influenced by improper considerations, to the
prejudice of the poor and friendless.
Mr.. Phillips said that the section proposed to
be amended guaranteed only a personal right
right which, under the decision of the Superior
Court, man could never waive. 1T secured the
sacred right of obtaining expensive Justice through
a cumbrous and complicated machinery Advert
ing to the annoyance delay and expense conse
quent upon the existing law requiring trial by
III CeSeS Vi instrumentation, NIr L. Sdu llai
the Recorder of the city of London would dis
pose of more cases In few moments than cOuns
try court could in year. If this rule of jury
trial prevailed in large communities, many case
would not be reached before the defendants died
of old age.
The amendment was still furter discussed
Messrs. Dick, Brown, of Caswell, Congland,
Boyden and Moore, of Wake, supporting it. and
Messrs. Eaton, Winston and McCOrkle Opposing
its adoption.
The question recurring on the amendment a.
amended, the following substitute was offered by
Mr.. Moore, of Wake, viz
Provided nevertheless, that Courts NAV be c.tat-
hshe and held in cities and Incorporated towns and
the Court Houses, in which may be tried without the
PREVENTION OF grand and petit ures shall be prescribed
Dy law, all mlsdemeanors except such whereof the pun
lshment may be corporal other than Imprisonment when
ever the accused shall elect to be tried Provided that
in all cases where the party may be imprisoned ed
risdiction of the case"
Pending this amendment, 4. communication Wa,
received from his Excellency, the Governor rea,
tive to the Geological Survey State title to certain
Swamp Lands, &C., which, on motion of Nj
moore, OF Wake, was referred to q select commit
tee.
The Convention resumed the unfinished busl-
ness.
The question recurring ON the amendment Of
fered by Mr.. Moore of Wake, to the amendment
before pending, on motion of Mr.. Logan, the Con
vention adjourned until 10 o'clock tomorrow,
HoNEsDALE, Pa, May ga terrific tornado
swept over the lower portion of this borough !a''
evening The immense covered bridge sphnnub
the Lackawanna river, was bodily lifted distance
OF SIX feet In the air and fell into the river mas
of ruins. Barns, outhouses, etc.. were demolished
Trees and sticks of timber filed the air fving he