Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-02-28
NIGHT SESSION.
MONDAY, Feb. II, IS


The Convention was called to order ac-
cording TO adjournment, at z O'clock.
By Hayes, OF Halifax, (negro): 4 resolu-
tion that the servants employed by the
Convention be paid s. pcr day. On mo-
tiou the rules were suspended.
Mr.. Hodnett wished to know who tho
servants were, and their number. He
said that the Doorkeeper5 were there to do
the necessary work. He was opposed to
such unnecessary extravaganza.
The resolution was then referred to the
committee on Contingent Expenses.
Mr.. Forkner called up his resolution in
regard to raising a committee to report q
day when, III their opinion, this COnven-
ton should adjourn sine die.
The rules were suspended and the reso-
luton adopted.
On motion OF Mr. Abbott, the Bill of
Rights was taken up and considered on its
third reading,
The Clerk proceeded TO read the Bill
when
Mr.. Heaton said that the whole thing
was out OF order The committee on En-
grossment should have reported the bill as
| being correctly engrOssed. Several errors
were in i that should be corrected. This
was too important matter to be hurried
over in this way, and besides, an example
of system and regularity should be set; and
therefore it should now go to the commit
| tee on Engrossment for correction, ana be
taken up the first thing in the morning. -
| Mr.. HCaton moved to postpone, and make
it the special order for tomorrow at 10
O'Clock.
Mr.. King, of Lenoir, said the Suffrage
question was the special order for to-mor-
row; he thought the errors should be cor
rccted now and the bill be proceeded
with.
Mr. Heaton withdrew his motion TO post
pone, in order to allow lir. Rodman to
amend section II, by adding to it the fol-
lowing: '<And this remedy shall not be
suspended except in time of war, insurrec-
ton or inva8ion;' and to strike out the
Goth section.
NlS. Rodman gave his reasons Ter offer
ing his amendment. He thought there
were times when the safety OF the govern
ment and people required that thi, writ Of
huJeus c0,,p,tS should be suspended. 1t Was
a vain thing to put it in the Consultation
that this writ shall never be suspended
In times of war, in the clash Of arms this
provision would not be regarded. L was
! an old and true saving, that - among arms
laws are silent" lie advocated his amend
ment at some length.
! Mr.. King, of Lenoir, said that North
Carolina could not 60 to var with any
power. The General Government alone
could do that, and the Constitution Of the
United States provided that the writ could
be suspended when the necessities OF Tie
country required it. He was opposed to
putting such a thing i'll the Constitution OF
North Carolina as allowing that writ to be
suspended. He alluded to some cases that
happened during the war, and closed by
n :
arguments, North Carolina was an indie
pendent power, and could go 10 war Will
| the United States or any other country.
Mr. Rodman replied, substantially re
peatinG his former argument, an0 citing
| instances that might occur, i'll times Of III
invasion OF the State by foreign forces,
aided and abettcd by traitors at home, whel
Congress was not in session. sc.
Mr.. King responded in quite lengthy
argument III support Of his position III the
matter.
Mr.. Wclker said that il WAS almost tht
only bright spot il the record Of the Con
| federate Congress, that 1t was With the ut
most difficulty that they { aid be got te
suspend this writ, cgtH for q short time
He thought gentlemen should recOIl2c
Salisbury when they were casting thcil
votes upon this measure. He opposed Mr
Rodman's amendment.
Mr.. Abbott wished to form 4 govern
ment, free, republican and just IN It's pIo
visions, yet they should form one strons
enough to sustain and protect itself H'
supported Mr.. Rodman's amendment
Mr.. Nicholson offered the following sub
stituto for tho 18th section: every person
restrained of his liberty, shall be entitled
to the privileges of the writ of hobeuS cor
pus or other remedy to inquire into th'
lawfulness thereof. and such writ, or sucl
remedy, ought not to be denied or de
layed."
MIR. Jones, of Washington, thought tina