The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-01-22
Proceedings of the Convention.
THURspAY. Jauuary 18. 1858.

THURSDAY, January 10, 1858.
On Thursday, the Convention assembled
in the Commons Hall at 10 O'Clock, Mr..
President Cowles in the chair.
Prayer by Rev. G. w. Welker, delegate
from Guilford.
The journal of yesterday was read and ap-
proved.
On motion of Mr.. Mann, of Cumberland,
the order of Gen. Candy, No. 165, calling the
Convention, was ordered to be entered on
the journal of the first days session..
The President announced the following
committee " on the best method of proceed
ding to form Constitution -
,ee Messrs. Nicholson, Jones. of Washington,
Heaton, Rodman. Dowd, Harris, of Wake,
Tourgee, Cox, Abbott, Hood, Forkner,
Hobbs, Jones, of Caldwell, Bradley Gaha-
gan and Garrett. f.l-i.,5
The following committee was also announ-
ced ON rules of order:"
Messrs. Sweet Galloway, POOL Graham
OF Orange, and Fullings. tl)
The following delegates appeared and
were sworn in:
Messrs. Baker, of Edgecombe, Williams,
of Sampson, and Garland, of Yancey.
UNFINISHED BUSINESS.
The unfinished business of yesterday was
then taken up, it being the motion of MIR.
Abbott, of New Hanover, to refer the reso-
luton of Mr.. Pool, of Pasquotank, on the
subject of legislation. ,ar
Mr. Pool said that his resolution was mis-
understood. 1t had been alleged that if pas
sed it would forestal action in important
matters, and gag the Convention. He dis
claimed such purpose. He doubted also
whether there was power to legislate at all
indeed, this Convention had been called for
one purpose, the formation of Constitution.
That work would be begun at once. for a
committee had been raised which would re-
port tomorrow doubtless, and the Conven-
ton thus fairly begin the work of making
Constitution.
But it was alleged that the people called
for relief. He wished to see relief admins
tered, but let measures for relief be incorpor-
ated in the Constitution
There were two kinds of conventions
known to our laws-an open or a restricted
Convention This Convention was restrict
ed
He warned delegates that the effect of
killing this resolution would be perhaps to
keep this Convention here thirty years in
stead of thirty days.
Mr.. Jones, of Washington, said that he
thought the Convention had power outside
the reconstruction acts. The Convention of
'35 had exercised general powers. If this
Convention was called for certain purpose,
it still had power to do other things of i'm
portance and present necessity. Besides
there we're no words in the acts of Congress
debating to the Convention thatit should not
legislate. The legislative power was here,
and he did not wish to bind the Convention
or restrict its powers. He must, therefore,
oppose the resolution, and preferred to adopt
the motion of reference. 1a1
Mr.. Tourgee, of Guildford, opposed the
commitment of the resolution upon the
ground that nothing would he gained there
by. If sent to a committee the resolution
must be returned at some future day either
in its present or some modified form. The
question must be met and decided at some
time and it might as well be settled in the
present as in the future. 1t had been claimed
that the sole and only dnty ef the Conven-
ton was to frame Constitution 1t would
undoubtedly be admitted that the position
of the gentleman from Washington upon the
powers of a Convention, called by Legisla-
ture for specific purpose was correct, but
this Convention meets under and derives its
power from the acts of Congress. 1t is there
fore claimed that its power, is limited to the
making of the Constitution and that it has
no power to legislate or perform other extra
neous work. He did not SO understand
these acts. The original act of March End,
1857, defines the duty of the Convention to
be, to form :" a Constitution of Government
in conformity with the Constitution of the
United States"
The Supplementary act of March 23rd,
however, declares this Convention to have
been formed for the purpose OF establishing
Constitution and ciUil go0ernment. for such
State, loyal to the Union" The term Con-
stitution in this act is evidently coexten-
sive in its application with Constitution of
Government in the previous act. The
other portion of this empowering clause in
the amending act, must have been intended
to extend the powers of the Convention, or it
is mere surplusage He would not under
take to define the limits of this extension.
That was q question for the Convention to
decide. He was willing to trust it. The
Convention had been denounced as an ut
terly incapable body, but he had found
enough common sense scattered about loose
in the Convention to inspire him with conf
dence that it could discharge its duties, and
decide upon what was proper for it to do,
whenever a question might arise. Relief
for the people was an unavoidable necessity.
All over the State the people were clamor-
ing for relief from the impoverishment of the
past seven years. They needed it more than
they required Constitution. They must
have it. If we cannot give it to them, we
must make the effort, both in and outside of
the Constitution. He did not believe any
member dare face his constituents without
doing all in his power In conclusion he
said the only fair way to dispose of this mat
ter was to meet it squarely, vote down the
motion to commit, vote down the resolu-
tions and then meet these issues of such
mighty import to the people, whenever they
are brought before us, and decide them upon
the ground ofright and justice. He did not
believein putting paddock upon the lips OF
members in advance. He believed in deci.
ding upon questions when they come IN, and
not lodging them like towards. He repeat.
ed that If the resolution was sent to the
committee for revision or if it passed the
Convention, the Convention would stultify
itself.
q. Mr.. Harris, of Wake favored commitment
in order to give time for consideration. The
Convention was expensive, and he trusted
that the delegates would confne themselves
to as few words as possible, when
On motion of Mr. French, of Chowan, the
resolution was referred to the committee OF
sixteen appointed this morning )
Mr.. Jones, of Washington, then offered
the following resolution, which was adopted
Resoloed, That the President of this Con.