The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-01-29

He hoped he would Withdraw the mOtlon 10
refer. 4
Mr.. Galloway said with all due Difference
to the delegate, be regretted to see this thing
made matter of color. Now as to assisting
railroads, he would say that the R. & g. K
r. did not employ single colored man.
He was in favor of relief for all the people
from debt and disabilities, legally and con-
stitutionalIy. But thecolored man was free
only in name. He desired to sec this matter
referred and properly reported upon. He
had confidence in the committees and hoped
the reference would be made.
The resolutions were referred.
Mr.. Heaton, by permission. introduced an
ordinance authorizing and empowering the
State Treasurer to pay the per diem OF
members, on the warrant ofthe President OF
the Convention. Laid over.
A resolution by Mr. Ashley to instruct the
committee of sixteen to report on a commit
tee of industrial resources, was taken up. NJ,
+. Mr.. A. said he deemed it unnecessary to
give reasons for the adoption OF this resoiu-
ton, but he would say that he thought the
establishment of Bureau to enquire into
the internal resources and make thorough
survey of the State, was necessary.
The resolution was adopted.
Mr.. Garrett, by PERMISSION, presented re-
port from the committee on internal I'M
provement which was ordered to be printed.
Mr.. Rodman, by permission, resolution
to establish Bureau of Immigration and
Statistics. Referred to the Legislative COM
mittee. @
Mr.. Heaton then moved to suspend the
rules, and take up his ordinance in relation
to per diem: sss a.f
Be it ordained, dc. That the. Treasurer of
the State of North Carolina, upon the war
rant of the President of the Convention, is
authorized and empowered to pay the per
diem of members of the Convention.
Mr.. Heaton moved to amend by inserting
the words "and mileage" after per diem"
and "officers and" before Members No
objection, when q
Mr.. Sweet said he understood that the
Treasurer of the State was authorized TO pay
out moneys only upon the warrant of the
Governor 1t was not correct, perhaps, to
ask him to do otherwise. He wished to
amend so that the payment should be made
according to existing laws.
Mr.. Graham, of Orange, called the atten-
ton of delegates to the following section in
the supplementary act of Congress:
Sec. s. That the Convention for each State
shall prescribe the fees, salary and compen-
sation to be paid to all delegates and other
officers and agents herein authorized or ne
cessary to carry into effect the purposes of
this act, not herein otherwise provided for,
and shall provide for the levy and collection
of such taxes on the property in such State
as may be necessary to pay the same.
He took the position that the Convention
had no right to call on the Treasurer to de-
fray its expenses, but could levy taxes for
that purpose. That was the only way in
which it could raise funds to meet its ex-
penses. Indeed, this method had been an
ticipated when delegates voted themselves
such a large per diem, and the sum was large
enough for the purpose. If it was cash down,
all would doubtless be pleased to make
their per diem smaller. But the words of
the acts should be strictly pursued, and
there was nothing contained in them to au-
thorize the Convention to call upon the
Treasurer of the State to defray its expen-
ses Although the acts were unconstitu-
tional as he believed, and his constituency
believed, for with one exception he repre-
sented the only County which voted against
these acts in the exercise of an honest opin-
ion of their unconstitutionality, anil would
not sanction them, yet ne would adhere to
them closely now and follow them strictly.
He could not, therefore, vote for the ordi-
nance of the delegate from Craven.
Mr.. King, of Lenoir, said if the Conven-
ton had the power to levy taxes certainly
it had the power to defray its expenses from
taxes already collected and paid into the
Treasury, without levying other taxes to op-
press the people. Every court of the land
would decide in that manner. If as the
delegate from Orange said all these acts
were unconstitutional, it was also unconsti-
tutional to levy taxes. But the money was
now IN the Treasury, and why, therefore,
| was it necessary to collect any taxes?
Mr.. Heaton thought it both proper and
| polite to call upon the Treasurer to pay the
expenses of the Convention. Besides for
years past the Treasurer had paid the ex-
penses ofLegislatures and Conventions. upon
the warrant of the Speakers and Presidents.
This precedent had been established and
he desired to have the truth ascertained, if
the Governor had been called upon to sign
such warrants for the past few years. He
would leave this to the other side In view
of the precedent established, he deemed it
best to call directly upon the Treasurer by
warrant of the President. It was the best
and shortest way.
He regarded the position taken by the del
gate on the other side as unsound. It strikes
at the legality of the Convention, and as one
delegate he desired to see this matter tested
at once in conformity with the law and the
precedent. He said this not as taunt, for
he did not believe the Treasurer would re-
fuse to honor warrant drawn upon him by
the President, under the authority of this
Convention. 1t was singular that such an idea
should obtain in advance. He thought the
| Treasurer would take this body as constltu-
tional Convention.
Mr.. Durham said be was very much sur.
prised at the arguments adduced by the op-
position. In the Legislature, it was neces
sary to get the signature of the Speaker to
draw pay for mileage or per diem. But IN.
der the provisions of the law Of the State,
the Treasurer is bonded officer. If he rays
money illegally, without law or precedent
he and his sureties are bound to make the
deficiency good. He is bound to do this by
the laws of the State of North Carolina
AS stated by the delegate from Orange, this
Convention had no right to call on the Pub
lie Treasurer If the State for money to de
fray its expenses. If Congress so intended
why did 1t not say so? However, it doe.
say that the Convention shall levy taxes, and
that is the only method left open for thu
Convention. notwithstanding this provis
ion of the law, the Convention is now abou
to call on the Public Treasurer to defray it.
expenses and violate his bond. He would
ask, gentlemen, was this fair or open wa.
of proceeding However. if the military