The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-07-22

OF Northern men; and its cnfurcnn'e
would subject homesteads to be sold nnS MT
the hammer OF Sheriffs, aud a few Nor,Laser
spectators would he the purchasers W
thought the question was one of breoI 'e
MIR. Estes said the Finance Commit.
could bring in bill to pay the interest NV
the public debt without taxing the peon,na
single cent, or cause the issue of new bnnaa
1t would not require the large amount mon.
toned by Mr.. Hodnctt 1t took sometb;r,
over $500 900 to defray the expenses of the
State government last year. and it would MT
require more than 100000 this year. Mr.
Il. denied the statement in reference 70
Northerners. and said he had as much in,
terest in North Carolina as any man in the
State, and would do as much to see the State
credit maintained He hoped the bill womb
be referred to the Finance committee.
The motion te refer then prevailed.
The House resumed consideration of Mr.
Lafin's resolutions.
Mr.. Bowman thought the difficulties in
the State grew out Of q misconstruction of
the law He could not believe there was anv
organized plan of resistance In his portion
of the State the Republicans can and will
enforce order. II necessary, however, he
would vote to give the Governor United
States troops and also State forces to enforce
the law. He thought rumors of insurrec.
ton were exaggerated, and that nine-tentbs
of the people of the State would irown
down any violent or revolutionary move.
ment. ''t--'
Mr.. Harris, of Wake addressed the House
in support of the resolutions.
Mr.. Barnett said as the State was now
fully reconstructed, Der representatives seat
ed in Congress and civil law fully establish.
ed throughout her borders, and as he desired
to see the last vestige of the late civil War
forever obliterated, he moved that the reso.
lutions be laid upon the table; but with.
drew the motion, when
Messrs. Durham and Ellis made some rc.
marks in opposition to the passage of the
resolutions.
The question being on Mr.. Barnett's mo-
ton to lay upon the table, Mr. Latin called
for the yeas and nays, which being ordered
the house decided in the affirmative. Yeas
as, nays SO.
By Mr.. Gilbert, a resolution praying the
removal, of disabilities from certain citizens
| Laid over
A message was received from the Senate
informing the House of the passage of the
| bill Incorporating the town of Brcvard, and
| that the President had ratified the act pro.
| viding for the representation of the stock
owned by the State and the county of Car.
teret and others in the Atlantic and N. C.
Railroad Company.
The bills were then ratified by the Speak.
er, and the same ordered to take the usual
| course.
| A message was received from the Cover
nor, enclosing communication from Gen
Candy, notifying the Governor that the
| general government would discontinue the
pay of quarantine officers after the 31st in.
slant.
The message was ordered to be sent to
| the Senate.
/ Mr.. Sinclairs bill regulating taxation of
corporate towns, was in the absence of its
author, passed over. .........r.-.
The resolution continuing the municipal
authorities of the town of Salem was reject
ed
The bill by Mr.. Estes, relating to proce-'
dure in contested elections, was, on motion
of Mr.. Durham, referred to the Judiciary
Committee ..r-..
SPECIAL oRDER--TwELvE O'CLOCK.
The special order was the bill in relation
to municipal officers, prepared by the code
| commissioners.
I Mr.. Seymour moved to amend by inserting
in line 2, sec. /, after 'officers," and also in
line /, sec. 2, in place of Sin all municipal
corporations" the words "cities, towns, or
incorporate villages" which was accepted
| Mr. Ellis read long and prosey speech in
opposition to the whole bill, the gist of
which was, that the bill was unconstitutional.
Mr.. Seymour said that the question OF the
constitutionality of the bill depended upon
construction given to article XIV, section 5,
of the Constitution. He did not recognize
the truth of the proposition that Constitu-
ton must be strictly construed. A Consti-
tuition was but a law, not repealabe in tie
same manner as ordinary laws, but subject
to the same rules of construction. Laws
with the exception of penal ones-are to be
| construed literally, and in such a manner, if
| possible, as to carry out their purpose He
could not compliment the trainers of the sec
| ton upon their use of language. 1t admitted
| of several distinct constructions, any one of
which would be grammatical and logical.
| What was intended by it? The Constitu-
ton provided for new system and new Of
| ficers, but between the time of its taking ef
feet and the qualification OF the new officers,
| there was an interval not provided for; a
| time when the official powers of the new OIL
| ticers would not have commenced, and those
| of the old officers would have ceased 1t
4 became necessary to bridge over this inter
regnum, and this was done by this section,
Just as section "a of article ~, had already
continued the old laws until new ones should
be framed. 1t was not the intention of the
section to limit the power of the Legislature
but to prevent an evil; to provide for the
continuance of administration OF law For
that purpose no cases were provided for,
that of appointivc and that of elective off
ces. In regard to the first, it was provided
in the first clause of the section that they
should hold over until their successors
should be appointed by the Governor; in
regard to the second, the first clause of the
section makes the same provision, that they
should hold over until the appointment by
the Governor Of their SUCCESSORS, on, in the
words of the second clause, until their sue
cessors should be elected. 1t provides for
either contingency, not with the purpose of
limiting the Legislature to either but to
provide against vacancy in either event.
This bill provides for the first of these meth
DDS of filling these offices, viz: appointment
by the Governor. This construction he was
willing to stand by; he believed it fair
one, one in accordance with the laws of con-
Notwithstanding out the purpose of the
Constitution--and one which the courts
would sustain.
Mr. Pou could not vote for the BILL for
3 the reason that it did not accord with the