Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-02-15

and that the civil jurisdiction OF the supreme
Court be suspended to the same date, and author
izng the Governor to appoint Courts OF Oyer and
Terminer to be held for every county In the State
for the trial of all violation OF the criminal laws
and statutes of the State at least, twice In each
county in the State between the time Of ratldca-
ton of this act and the aforesaid 1st day or jan
uary 1868, and to appoint one OF each' OF the
Judges of the Superior Courts of Law and Equity
to hold tho same in each OF the Judicial Districts
Of the State under the same rules, regulations,
laws and restrictions as heretofore prescribed for
the holding of Courts Of Oyer and Termlner, and
aothorize the Governor to convene the Supreme
Court of North Carolina at the city OF Ralelgh, by
and with the advice and consent OF his Council, at
any time after the 1st day of July, 1867, to hear
and determine any criminal cases that may be
brought before it, by appeals from the Courts OF
Oyer and Terminer, and for no other purpose.)-
A discussion of considerable length ensued. IN
which Messrs. Thornton, Speed and Paschall ia.
yored and urged the passage OF the substitute
Messrs. Wilson, Hall, Covington. Cowles, Cunning
ham and Avery, opposed the substitute. They
believed it to be frought with much mischief a
fatal blow to the judicial system of the State and
a direct move in the direction of reputation, and
held that this body had no authority to paraze the
arm of the Judiciary. If it has the power 1t has
the right 10 paralize the arm of the Executive
They were for the relief of the people, but opposed
to unconstitutional measures.
The remarks of Mr.. TOrnton, Ill support OF the
substitute, will appear tomorrow.
The question recurring on striking out the origi-
nal bill, on motion of Mr.. Adams, the original bill
was amended, and on striking out, the ayes and
nays were called and the Senate refused to strike
YEAs.-Messrs Bullock, Ferebee, Harris, of
Rutherford, Jones, Matthews, Paschall, Perkins,
Speed, Thornton, Virgins 10
NAYs.--Messrs, Adams, Avery, Battle, barnes,
Berry, Brown, Caldwell, Clark, Covington,
Cowles, Cunningham, Edwards, Etheridge, Cash,
Hail. Harris, of Franklin, Hlli, Johnston, Kelly
Mclean, McRae, Moore, Richardson, Thompson,
Wiley, Wison-32.
The question then recurring on the passage OF
tha on tic q hill "A
vote of 40 to 2.
On motion of Mr.. Leach, the rules were suspen-
ded and the bill was put on It's third reading.
Mr.. Matthews offered an amendment which
rejected.
Messrs. Wilson and McCorkle stated that they
mu h in favor Of giving relief to the peo
pie as any one, but they could not consistently
vote for it, as they believed it unconstitutional.
The bill passed its third reading, ayes 40,
nays 2.
On motion of Mr. Leach. the Senate adjourned.
HOUSE OF COMMONS.
FRIDAY, Feb. s, 1867.
On motion of Mr.. Cowan, the House proceeded
to consider bill to establish a criminal court in
the county of New Hanover. Passed second and
third readings under suspension of the rules.
REPORTS OF COMMITTEES.
BY Mr.. Dargan, from the Judiciary committee,
fGUOr0bly, bill to authorize the appointment Of
inspectors of crude turpentine, by the County
Court of Cumberland
tigation, made favorable report as to the man,
agement Of the Artificial Limb Department, and
the character of the limbs furnished disabled
soldiers.
BILLS AND RESOLUTIONS
BY Mr.. Dargan, bill for the relief of Execu-
tors, Administrators, etc.
BY Mr. PEBBLES, a resolution Of inquiry relative
to the management Of the University. Adop-
ted (RaSes committee of five to carry ont its
purview.)
An engroseed bill to protect landlords against
insolvent tenants, had its first reading.
UNFINISHED BUSINESS.
The House resumed the consideration Of the
bill to transfer the Land Scrip, donated by the
cultural College.
The question being on the substitute offered by
Mr.. Logan, on yesterday, the clerk at Mr.. Dur
hams instance, read an act of Congress, passed
in 1866. extending the time allowed the several
States, in which to avail themselves Of the Land
Scrip previously donated.
Mr.. Durham said that since the rejection of the
substitute which he had offered, he preferred
pOstponement of the whole matter. The Land
Scrip if sold now, would bring but fifty cents per
acre. Delay would not be injurious, the time
had been extended, and the scrip would increase
in value. He moved an indefinite pOstpOnement
of the bill and substitute.
Mr.. COwan stated that he was not aware Of the
existence of the act extending the time in which
the Land Scrip might be accepted. He was still
opposed to postpOnemnnt, and favored an lmme-
date transfer of the Scrip to the University. The
opponents of the bill were hopelessly divided
the subject Of location and he reason why
the state should lie of the benefit of this fund
for four years longer.
Mr.. Durham again addressed the House urging
postponement He alleged that the friends of the
bill had endeavored press it through in hot
haste at the last session, on the plea that imme-
date action necessary in order to secure the
donation. 1t was now shown that haste
necessary. He adverted to pre- JUDGES existing
against the University under its present manage
nent and urged at some length to show the i'm
DOiIcV Il DeStOWlng
tion
air. Davis stated in reply that il was well known
that he friends Of the bill had urged its passage
at the last session because of information by tee
graph, that resolution retracting the donation
had passed House of Congress and was likely
to pass the other.
Among other arguments in behalf of A transfer
of the scrip to the University, Mr.. Davis alluded
to the establishment at Chapel Hill OF depart
ment devoted to instruction. in Agriculture and the
Mechanic Arts. The gentleman from Cleaveiand
(Mr. Durham) had characterized this action of
the trustees bid for the Land Scrip. fit was
bid for it, it showed that they had the interest of
value OF the lands would be enhanced by delay, he
replied that the State had power to sell the Scrip,
but could not locate the lands. We could only
hold the scrip as spectators. Similar action had
resulted III heavy loss to the State of Rhode Is
land. Most of the States had transferred their
scrip to some established college, Iowa only hav-
ing founded one.
MIR. RUS favored pOstpOnement. Owing to the
distressed condition of the country, lands could
not be sold to advantage. The value of the scrip
would in his opinion, be materially enhanced by
delay
Messrs. Mckay, PEBBLES, Morehead and Brown
opposed the motion to postpone and favored the
passage of the bill wihout further amendment.
Messrs. Everett, and Crawford of Macon, favor
ed the motion for pOstponement
After general and protracted discussion the
House refused to postpone.
The substitute was than rejected Yeas Always
So
The bill then passed it's third reading aslfol-
lows:
YEAs.-Messrs. Allen, Baker, Boyd, Bowe
Brown, Chadwick, Clark, Cowan Collins, Craw-
ford, of Rowan, Dargan, Davis, Davidson, Cor
ham, Cranberry, Guess, Harper, Henderson, Hold
nett, Hutchinson, Jones, Kelsey kenan, Kendall
Latham, of Craven, Lee, Long, Martin, McClam-
my, McGougan, Mckay McNair, McRae, Moore,
of Hartford, Moorehead, Murril Patton, PEBBLES,
Perry. of Carteret, Reinhardt. Richardson, Rose
bro, Rountree, Scott, Shelton, Smith. of Duplin
Stone, Turnbull, Umstead, Waugh, Westmore-
land, Wilson, of Forsythe, Williams, of Pitt and
Woodard-54.
Massachusetts. Aehworth, Autry, Barden, Beas-
ley, Black Blair, Blythe, Bryson, Carson, Glenn
ents, Crawford of Macon, Durham, Everett, Far
row, Freeman, Gambril, Garrett, Garris, Goodwin,
Henry, Hinnant, Holderby, Horton, of Watauga,
Horton, of Wilkes Houston, Jenkins, of CASTOR,
Jenkins, of Granville, Jordan, Latham. Of Wash,
ington, Logan, Lyon, Lutterloh, May, Moore, of
Chatham, Morton, Neal, Perry, Of Wake, Rogers,