Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-01-31
vision or control over them. Therefore, he
would oppose its passage.

Mr.. Heaton said that he had listened t.
the remarks of Mr. Durham with good
deal of surprise. If he entertained doubt.
of the constitutionalitY of the acts of Con
gress, under which this Convention is act
ing, he would not occupy seat in it. APP
plause from the Radicals. He did not see
how the gentleman could consistently take
the oath, which he did to qualify himself
as q member of this Convention, and enter.
cuss the legality of his proposition at some
little length.
Mr.. Durham replied, saying that he had
no doubt the gentleman and his applaud
ers would be glad to get rid of him, but he
intended to stay here and advocate to the
extent of his ability proper and Just OBJ
serrance Of The laarS Of the land. He was act
ing according to the dictates of conscience;
he was convinced of the unconstitutional
ty of the Reconstruction Acts, and should
SO continue to brand them. He would ask
the gentleman, (Mr. Heaton, if the people
were to reject the Constitution, and the Su-
preme Court should pronounce the Con-
vention unconstitutional. would not the
Treasurer forfeit his bond in paying out
money to an unconstitutional body ?
Mr.. Heaton thought the gentleman fond
of dealing in suggestions. Ho (Mr. d.
would never see the day that the Supreme
Court would declare this body unconstitu-
ton framed by this Convention would be
ratified by at least 10000 majority. More
applause from the Radicals.)
Mr.. Durham responded that this was
matter for future consideration. But he
was opposed to rendering a faithful and
diligent officer liable to be involved in ruin,
not only to himself, but family and securi-
ties. Though the power of the military
was sufficient to do anything, yet he would
not do Justice to himself or his constitu-
ents, if he did not combat, with all his
power, such an illegal and unwarranted
procedure.
Mr. Jones, of Washington, favored the
passage of the ordinance, and wanted to
know if they went through the farce of an
election to come into an unconstitutional
body, &c.
Mr.. Mcdonald, of Chatham, wanted to
know who called the Convention of 1865.
Did not that Convention declare the acts
of the Convention of 1861 unconstitutional?
Yet nobody was involved on account of
paying money to that body. He eUarted TO
hea2' no more Of 1t. He did not want to
draw his money, for he would spend it for
candy, cakes, &C., but they should wait I'M
til about to go home, and distribute it
among their constituents. He thought the
power of this Convention equal to any
unto turning over this State
House. ION being asked what he intended
to eat in the meantime, he replied he could
get as much credit as he Wanted.)
Mr. Graham, of Orange, said he knew
they were in minority, but if they left
the gentlemen on the other side would not
have an opportunity to display their learn
ing. While he regarded this body as I'M
it was the disposition of our
people to obey the laws until declared I'M
by competent authority; and
rs the Reconstruction Acts are not now so
declared he would obey them, yet he hoped
soon to see the day when they would be
demolished and though he was as loyal as
any man on the floor, yet he could not
pray as they did (if they prayed at alD,
Now lay me down to sleep,
The Reconstruction faith keep,
If it should change to1ore wake
The latest sort help re to take
He would vote and protest against all
that went beyond the power del |
egated this body by the law under which
they assembled.
Mr.. Heaton made q motion to amend his |
ordinance, by striking out the word Gem
powered" and inserting the word "direc-
ted
Mr.. Ellis did not see any reason why the |
Convention should not pass this ordinance, !
as it amounted only to a request. It was
Convention of the people of North Caro-
lima under the acts of Congress. Whether
those acts were unconstitutional or not, |
was a question people thought differently |
about. But as long as they were on the |
statute books they were law If the Treas
arer should refuse to pay, why then the tax
could be levied.
Mr. Durham replied that the gentleman
from Catawba (NIr. Ellis) did not take into
that the Treasurer was a
bonded officer, and liable for every dollar
paid out of the Treasury.
Mr.. Sweet called the previous question.
The cali being sustained, the ordinance was
put on its passage.
Mr.. Durham called for the yeas and nays,
md the vote being taken resulted as fol-
104, nays -.
Those who voted in the negative were
Iessrs. Baker, Daniel, Dowd, Durham,
1theridge, Graham, of Orange, Holt, Len
ION, Merritt, Sanderlin, Tourgee and Will
Jams, of Sampson.
SATURDAY, January %, 1868.
The Convention was called to order at II
o'clock
Prayer by the Rev. DR.. Mason, of the
ity.
Mr.. Garrett presented memorial, which
vas referred to the Committee on Suffrage.
Mr.. Raglan, petition, which was re-
erred to the Committee on the Judiciary.
Mr.. Abbott submitted report from the
Committee on Finance, in relation to an
ordinance staying the collection of debts,
nd recommended that it do not pass until
t comes before the Convention in a more
angible form.
Harris, of Wake, (negro,) memorial
rom the ''loyaP' people of J. Sorrel's,
'raying the Acknowledgement of all Con-
ederate officers of the rank of Colonel and
upwards, &c. Referred.
Mr.. Bryan submitted report from the
Committee on the Militia, regulating the
military duties of citizens in times of peace
nd war. Referred to Committee of tho
Whole, and made the special order for
Monday next, at II o'clock.
Mr.. Daniel, resolution indemnifying
rtisans and mechanics for their labor
Referred.
Mr.. Gunter, a resolution of thanks to the ]
ulcers of the Deaf, Dumb and Blind
institute, for their courtesy to the Con-
'ention. Rules suspended and resolution
.dopted.
HavaS Of HoI;f,x (pooro \ n roco11fio, |