Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-02-21

elect the Supreme Court Judges by the
people
The yeas and nays being called, stood
yeas 55, nays 81.
By consent, Mr. Abbott moved to lay the
tax bill before Gen. Candy. Carried.
The question recurred upon the second
division of the resolution, whether the peo-
pie should elect Superior Court judges
The yeas and nays being called, resulted,
yeas 62, nays 10.
On motion, tie House then adjourned.
NoTE.-Mr. Hoaton, in explanation of his vote,
stated that he preferred nominating by the Gov
ernor and confirming by the Senate but, a. this
was defeated, he supported the elective system.
WEDNESDAY, Feb. II, 1868.
The Convention was called to order at 10
o'clock.
Prayer 10y the Rev. - Epps (ncgro),
RESOLUTIONS. ORDINANCES, &C.
Mr.. FOrkner, q resolution that the COM
mittee OH the Judiciary report an article
for the Constitution permitting the citi-
zens of this State to practice in the Courts,
on proving good moral character aud pay
ing the fees. Lies over.
Mr. Franklin, a resolution in favor of e.
| Ii. Ray, late sheriff of Wake county Lies
over.
Mr.. Bryan, an ordinance in favor of I'll
sheriffs; of which notice was given yester-
day.
Mr. King, of Lenoir, was opposed tc,the
passage of such measure.
| Mr.. Graham of Orange, favored it.
Mr.. Tourgee moved to amend, by allow
ing them to collect taxes prior to '61.
| Mr.. Welker favored Mr.. Tourgee's
amendment.
| Mr. Moore opposed it,
Galloway (negro) moved to amend by ex-
cepting the county of Brunswick.
Mr.. Tourgee withdrew his amendment.
Galloway (negro) explained his amend
ment, stating that the sheriff of Brunswick
had asked for no relief, and, besides, he
was an obstructionist. He had, to his
certain knowledge prevented people from
registering and voting.
MIR. Hodnett was opposed to the whole
| matter. He did not approve of the course
of indulging sheriffs in going on in care
ignorant people could be imposed on.
Mr.. Hare explained the intention of the
measure. It was only extending time for
collecting taxes, and he hoped the gentle
men on this floor, who bad been SO ram
pant for relief, would afford some relief by
extending time to men who have paid
money out of their own pockets in pay
ment OF the taxes and now wished to col
let it.
Galloway (negro) withdrew his amend
ment.
The ordinance, as it originally stood, was
then adopted
Mr.. Sweet moved that the report of the
committee on Legislature be made the
special order for Monday next, at II o'clock.
Agreed to.
The hour of II having arrived, the Chair
announced that the report of the commit
tee on Suffrage was the special order.
The Chairman of the committee being
unwell, Mr. Rich moved to postpone until
Tuesday next.
Mr.. Gambler moved to amend by MAX
ing it Saturday next. Lost.
Mr.. Rich's motion was put to vote and
sustained.
UNFINISHED BUSINESS.
The report of the committee on the Ju-
dietary, containing two resolutions, in re-
gard to the distinctions between actions
at Law and suits in Equity, testing the
sense of the this Convention, was consid-
cred, viz:
1st As to the distinction between ac-
tions at Law and suits in Equity, and that
the forms of all such actions and suits shall
be abolished and there should be but one
form of civil action.
I'd. The distinctions between actions at
Law and suits in Equity now existing
should not be abolished.
While Mr.. Tourgee was speaking, advo-
eating the former proposition, Maj. Gen.
Candy was announced. He was received
with the usual honors. The President well
coined him in short speech, to which the
General very briefly and courteously re-
piled. A recess was taken, and the dele
gates were introduced.
MI. TOurgee resumed, stating that as he
was the youngest man in the House Of the
legal profession, and was now advocating
radical change, therefore he was placed
in rather an embarrassing situation. In
regard to the cry that innovation was dan
gerous to the liberties Of the people, he
cited the case of Sir Thomas Lore against
whom hue and cry raised, when he
introduced what WAS called the "vulgar
tongue, and now, to-day, the same howls
wero hear whenever there was ii change
proposed. He next alluded to the charge
that had been uttered upon this floor, that
they were trying to incorporate measures
into the Constitution, merely to catch the
popular vote, regardless of right, justice,
wisdom and prudence Those assertions
were made by certain class of men who
wished only to embarrass the Convention
and bring it into odium. In relation to
the matter more Immediately under dis
cussion lie stated that III seventeen States of
this Union civilization and common sense
mad overridden the preiudices and bigotry
of by-gone years. The rights and wrongs
of their citizens were enforced in the same
court by the same process. The present
julnble Of Saxon, French and bad Latin,
used i'll our law books, taken from the
English system, illustrated the axiom Of
Taleyrand, that language WAS given to CON
ceal our thoughts, not to express thcm.-I
He was sorry that report had been circu-
lated that this measure would increase
costs. The reverse was the very reason
that this measure was adopted in other
States, to which he had alluded. Ii had
hnen soiI that he (T1nryrp..) had said that