Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-02-01

motion the yeas and nays were called and it
rejected by vote of 25 to II. Mr.. Love then Of
fered an amendment. Crowded, that this act
shall not apply to notes evidences of debt held
by Guardians, Administrators or Executors OF de-
ceased persons such unless the creditor or heir
to said estate shall be compelled to receive said
property part whole OF lis claim, at the
price said Guardian, Administrator or Executor
may have to pay for the came under the provisions
OF this act.) MIR. Leach opposed this amendment
III a speech at length, and argued that the chief
merit of the bill in its original form. is its pro-
lection to the widows and orphans OF deceased
soldiers. /.
air. Love replied, that his sympathies wereswith
that class of people; Ae had been blessed with the
honor of acting with those brave men, but he
opposed TO any measure that looked to repudia
ton, or that was calculated to disgrace and inj1re
the credit Of tbe state. He had offered the amend
ment in good faith and hoped it would be adopted.
The ayes and nays were then called and it
rejected by vote Of % to u. Mr.. McCorble then
offered az amendment Ito the effect that at the
end Of the twelve months the defendants
should give bond aod security for the forthcorn-
ing of the property. Nh. Leach warmly and earn
est opposed the amendment, cOntending tiiat Il
the man was not willing TO give thrcP-fOurtii5 he
ought not to have it. Mr.. McCorAie urged The
adoption OF the amendment held that if the bill
passed in its present condition it would destroy
every officer Ill the State and he believed il 10 be
unconstitutional, beyond doubt. I'll" question be
ing on the adoption of the amendment il
jected air. Avery then offered to amold by
serting, P,'0ridea, That this act shall not apply
to persons SO acting III hduclary capacity, WHEN
such person or persons SHAH De pidIutlif out
such person acting in hduciary capacity, shall
be permitted to purchase property in the names
OF persons entitled to the benefits of the estates
subject to the approval of the Court OF Pleas and
Quarter Sessions, ii he shah make payment there
for, in evidence of Indebtedness held in the name
Of the person persons for whom he Is acting.
Mr.. Leach opposed the amcndmGnt believing
it would destroy the bill. Mr. Avery insisted that
if that would destroy the BILL 1t ought to be de-
s5royed. The amendment lost. The ques-
ton arising on ithe passage Of the bill, hi. hall
arose and said he had not intended say any
thing, but the discussion had placed those who
had opposed the bill in false position. No man
more deeply sympathized with the widows and or
phanS OF deceased soldiers than himself and those
who voted with him, and none would go iaItheriu
helping them, but he had been influenced by diff
ferent and higher motives he believed it uncOn-
stitutional and would be injurious to public and
private credit. After some further explanation,
the vote WAS taken follows:
YEAs.-Nesars. Adams, Battle, Barnes; BcrIy,
Brown, Bullock, Clark, Covip2ton CoWles, Gun
nighan Edwards, Ethcridge. Ferebee, Harris, of
Franklin, Johnston, Jones, Kelly, Koonce, Leach,
Love- LOyt., Marshall, Matthews, Mclean, Moore,
paschal, Perkins, Richardson, Snead, Speed,
Thompson, Thornton, Virgins, Wiley and Viii
liarnS-:5.
MASSACHUSETTS. Avery. Cash, Hall, Harris, of
Rutherford, Hill, McCcrlile, McKae, Robins and
Wilson,.
Mr.. Jones moved to reconsider the vote Of yes
terday on the homestead bill. Mr.. Hall moved
that it be laid tie. table. Before the question
was taken, Mr.. Paschal moved adjournment,
and the Senate adjourned.