Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-03-06

Mr., Abbott moved to suspend the rules
and take up the report.
The Chair decided that Mr. Abbott had
no right to the floor, when ruled out of Or
der.
Mr.. Abbott q: It seems that the Chair will
not entertain any motion of mine.
The Chair : Take your seat, sir you are
out of order.
Mr. Tourgec Mr.. President, will You
recognize me, as having the floor.
The Chair : Certainly, sir.
+, Mr.. Tourgee Then, sir, Imoye that the
rules be suspended.
The President decided that, under the
rules, there could be no suspension in this
case.
| Mr.. Tourgee appealed from the decision
of the Chair.
The appeal was put to vote and lost.
! Mr.. Tourgee said he hoped the Chair
wonld remember its decision in the matter.
/ By Mr.. Rodman: A report from the COM
mittee on Judiciary, in regard to making
the Judges elective by the people. Pend
ing the discussion of which the hour ar
rived to take up the Suffrage question: but,
after some little debate, it was postponed
until Thursday, IL o'clock.
The Judiciary report was read.
Messrs. Rodman, Pool and Jones, of
|
office of Judge elective and to abohshing 6
the distinction between actions in law and
suits in equity, but in Difference to the as
certained sense of this Convention they
had Incorporated those provisions into the
plan reported.
It creates Chief Justice and four
Judges, and provides for the creation of
twelve districts.
Mr.. Rodman moved that the 1st section
be read and adopted.
Mr.. Durham called for the yeas and nays.
The call was sustained, the roll called and
the vote stood, yeas y, nays 80.
| Sections and 3 were read and adopted.
In the 4th section, Mr.. Heaton asked an
| explanation.
Mr.. Rodman said the Senate was the
Court of Impeachment. There are Su-
preme and Superior Courts and Justices
OF the Peace. There were no County
Courts.
Mr.. King, Of Lenoir, said, "Then you
mean to do away with the County Courts ?"
! Mr.. Rodman: ''Y Yes sir.
Mr.. King objected strenuously.
| After some further debate the section was
read and put on its passage. The yeas and
nays being called, resulted, yeas &c, nays
| II.
/ Mr.. Rodman, in Difference to the wishes
Of good many delegates. consented to
waive all further consideration of the re-
port, save those sections that decided upon
| the number of Judges and their tenure of
| office.
Section creating Chief Justice and
| four Associates3
MIR. Durham moved to strike out four
| and insert two Associate Justices.
Mr.. King, Of IenOir, concurred with Mr..
| Durham.
Mr.. Abbott favored the provision of the
section, and, as a conclusive argument,
cited the example of various Northern
States.
Mr. Durham said that this was another
| innovation. The Supreme Court of North
Carolina stood as high as that of any other
State i'll the Union. It was an innovation
merely to provide for party pets. Gentle
men may sc,Il at the word innovation,"
but | can tell you that we SEQ clearly
through this shallow scheme to provide fat
places for certain pets of your party, re-
gardlcss of the additional tax you impose
upon the people.
The yeas and nays were called, on de-
mand Of Mr.. Durham, and resulted, yeas
84 nays Il.
The section, as amended, was adopted.
Section - creating 2 Judicial Districts
was read, when
Mr.. Mcdonald, of Chatham, moved to
strike out ''12" and insert the present
number (8
After lengthy debate, the amendment
was lost, and the section, as reported by
the Committee, was adopted.
The 9th section, making Judges elective
by the people, was read.
Hayes, of Halifax, NEGRO, was opposed
to such thing. He said that the elective
system would tend to make the Judges
open to corruption. (Sensible Hayes
Mr.. Heaton thought the Supreme Court
Judges should be nominated by the Cover
nor and confirmed by the Senate. AS for
the Superior Court Judges, he did not OBJ
ject to their election by the people.
Mr.. Abbott said that he was opposed 20
the whole system of electing the Judiciary
by the people, but the Convention had
day or two since instructed the Committee
to report as they had done, and he would
now support the report which they had
submitted.
Hood, (negro,) thought as did Mr.. Alb
bott
Mr. Rodman called the previous ques-
ton. The call was sustained and the ques-
tion REQUIRED upon MIR. Heaton's amend
ment (Frovides that the Judges of the
Supreme Court be chosen by both Houses
of the General Assembly,
The yeas and nays were called and re-
suited, yeas 81, nays 81.
The section, as it originally stood, was
adopted.
The House, on motion of Mr.. Watts, ad-
iourned until to morrow at IL o'clock.
MORNING SESSION.
WEDNESDAY, Feb. 26, 1868.
The Convention was called to order at
II o'clock.
Prayer by the Rev. Mr.. Lennon, of the
Convention.
Mr.. Jones, of Washington, rose to a
privileged question. He said that the Re-
porter of the Sentinel had added, in his
proposed oath, the word 'social equali |
ty, which was a deliberate lie. He did not |
object, as a public man, to be commented |
upon by the press, editorial1y. but he
would not be misrepresented by Repor-
ter, who had his seat on this floor by the
courtesy Of the Convention.
Mr.. Durham said that the word 'Fsocial"
was evidently typographical mistake. and
would be corrected.
Mr.. Ashley said (alluding to MIR. Dur