The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-02-12
ert q conviction of the Governor on

prevent the suspension of the Governor from
Office, during his trial for impeachment, and
until conviction. He hoped the Convention
would not do this. The usage heretofore
had been different, and considering the
power of the Governor over the militia, his
| patronage, &C., the provision in the consti-
tuition as it stood was wise The Gov
ernor should be suspended Immediately on
impeachment, an it would not he long be-
| fore he was tried acquitted or convicted.
Mr.. Rodman said the Governor represents
the popular will as much as the House of
Commons But as the section stood, the
| House of Commons could turn the Governor
out, merely by preferring articles OF impeach
ment The cause may he frivolous, but suif
cient to form an excuse in time of great par
| ty excitement. Thus the House of Commons
would he made the supreme power of the
State. The checks, necessary to the stabil
ity of Republican government, would he de-
stroyed He proposed to retain these checks
and balances, and not make the Governor or
| the House of Commons the supreme power
| of the State Besides it was said that the
trial would be speedy. Now, the trial of
Warren Hastings in England lasted, if he
remembered correctly, seven years.
retain his office upon impeachment, it would
be at war with all precedent. Could the
learned delegate from Beaufort point cut
| any such instance?
Mr. Rodman said the question was now
| in controversy in Congress. The general
| Impression is that the President will not be
| suspended, in case of Impeachment. How
| it will be decided he did not know, if ever
III Al L., Il of
utive impeachment before, either of Presi-
dent or Governors of the States. But he
thought it highly improper to confer upon
| the House of Commons the power to vacate
| the Office of Governor whenever it pleased to
| do so.
Mr. Heaton said the office would not he
vacated, as there would be a Lieutenant
| Governor in readiness TO assume the office at
once. Wherever judge of the Supreme
| Court had been impeacIied. he had been
suspended from the duties of his Office.
Mr.. Jones, of Washington, said that when
| the military arrest man, he is for the time
being suspended from Office, but the CIV
| il law IS different. Innocence is presumed
until guilt is proven. 1t is the opinion of
majority of the legal minds of America, that
further legislation would have to he neces-
sary before the suspension of the President
could take place on impeachment. In times
of party strife. if this section be permitted to
remain unaltered. the Governor OF North Car
Dina might he impeached and turned out OF
Office for trivial affair or from mere parti-
IAN spite. This amendment put such Ca
tastrophe beyond peradventure. Prudence
dictated its adoption.
| Mr.. Tourgee SAID tile presumption that
man is innocent, does not save him from az
rest, which in some cases debais his ex-
ercise of the duties of a citizen The pre-
sumption of the innocence OF the President
or any other officer liable to impeachment,
when the House of Representatives has SOL
emnly declaredi its opinion that there is a we'll
| founded suspicion of malfeasance in Office,
should not prevent their suspension from
| the duties of office. Were gentlemen afraid
of the House of Commons of North
Carolina? Their argument was based on
the hypothesis that the representatives of
the people would become corrupt Who is
to be more trusted the people or the Gov
| ernor-one man than ninety-nne? 1t the
acts of Governor should give proof suffi-
cent for two-thirls of the House of Com
mons to vote for impeachment, it was prima
fgeic evidence that he was IA dangerous man.
| 1t was said that the House of Commons
would become the supreme power Ill the
State. He had rather have it so, than that
one man should become the centre of power.
As to delay in trials. the defendant could
| DELAY. but the Senate would never refuse
speedy trial to any man.
Mr.. Jones of Washington said the Ian
guage of the section was unsatisfactory. The
more he heard, the more he believed it best
to incorporate the amendment. Without
it, the Governor of North-Carona would be
placed in an anomalous position.
Mr.. Holt moved to adjourn. Lost
Mr.. Tourgee said he had examined the
constitutions of several States and the Ian
puage was the same as now used in the sec
ton.
The amendment was lost and the section
adopted.
The 18th, and 14th, verbally amended,
18th, and 10th, verbally amended, were read
and adopted.
When the 18th section was read question
arose as to whether three separates Bureaus
or one only was contemplated, and it was
decided that the Bureau of statistics, agri-
culture and Immigration should be one.
Mr.. Durham offered the following addi-
tional section:
SECTION 1S. No person of African descent,
or or mixed blood shall be eligible to the
office of Governor or Lieutenant Governor or
any other Executive Office.
Mr. Rich asked what mixed blood meant,
Scotch-Irist. or what?
Mr.. Durhum-I understand it in the ordi-
nary legal meaning of the term.
The yeas and NAYS were called, as follows:
For :-Messrs. Durham, Ellis, Etheridge,
Graham, of Orange, Hare. Holt, Lennon,
Marler. McCubbins, Merritt, Williams, of
Sampson.
AGA1NsT:-Messrs. Abbott, Andrews Ash
ley, Barnes, Bume, Bradley, Bryan, Carey,
Gambler. Cherry, Chilson, Congleton, Cox,
Dickcy, Duckworth. Eppes. Forkner, Frank
lin, French, of Bladen. French, of Rocking
ham. French of Chowan, Fullings, Gahagan,
Garrett, George, Graham of Montgomery,
Grant, of Wayne. Grant, of Northampton.
Gunter, Harris of Wake, Fayes, of Roheson,
HAYES, of Halifax, Heaton, Highsmith,
Hobbs, Hood, Ing. Jones of Caldwell. Jones,
of Washington, King, of Lenoir. Kinney,
Latin, Lee, Legg, Logan, Long, Mann, May,
MAYO, Mcdonald, of Chatham, Mcdonald of
Moore, Moore, Mullican, Murphy, Nance.
Newsom, Nicholson, Parker, Parks, Petree,
Pierson, Pool, Ragland, Ray, Renfrow,
Rhodes. Rich, Rodman, Smith, Silly, Still
we'll, TAYLOR, league, Tourgee, Trogden,
Tucker, Turner, Watts, Welker, Williams, of
Wake.
Yeas-11. Nays "a.
MIR. Harris, of Wake, said that he had de-
sired to amend by saying that no man, the
father OF mulattO children, or his descen-
dants, should he eligible to the offices nam