Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-03-19
Mr. POu opposed the motion to post

Mr.. Pou opposed the motion to post
pone.
Mr.. Welch said that charges were made
that he wished to kill the bill by moving
to postpone twenty-four bours. He only
wished to have time to give the bill that
careful consideration that its great impor-
tance demanded
He expected to support the bill, but
wished time to examine and look into it,
&c.
Mr. Durham said while he would vote
for any judicious relief measure as to old
debts, he would never vote for bill like
this that clogged the Courts and tended to
impair the business energies of the coun-
try, he would vote for relief as regards old
debts but would never support bill that as
this does, stays debts contracted since the
war and debts hereafter to be contracted
actions In last eiectments, &c. The whole
thing was unconstitutional, and he did not
see how any one could, consistently with
their oaths to maintain the Constitution.
support such bill
MIR. Argo, in remarks of some length
opposed the motion to postpone.
After some further debate the House re-
fused to adopt the motion to postpone and
print by a vote of yeas AZ, nays 49.
The question recurred upon the bill re-
ported by the majority of the committee.
The bill repeals that portion of the
Code of Civil Procedure which makes writs
returnable before the Clerks. but makes
them returnable before the regular terms
of the Courts. The bill makes all suits
both in debts and actions &c delicto subject
to continuance from Court to Court on
the application of the defendant. It pro-
poses to prohibit the trial of cases in the
COnrtS hU Of
The bill further provides that it shall ex-
pre- on the lst day of January, 1871.
When Mr.. Malone offered the folio wing
proviso:
''That this act shall not apply to actions
of debts contracted since the lst day of
May, 1866. nor to any action now pending
or hereafter to be brought arising in ac-
ton er deEicto."
Mr.. Malone favored the bill of the ma
jOrity so far as it relates to the return of
summons to the regular terms of the
Court, &c. If the above proviso was in
corporated into the bill he would support
it, if not he would oppose it.
Mr.. FOrkner moved to lay the whole
matter Oh the table.
The yeas and nays were had and the
House refused to adopt the motion by the
following vote:
oAho-SAOSoAos NhApOuS OhLoYS COIOI0uS ShW~
thorn, colored, Davis, Dixon. Estes Forkner, Fos-
ter, Gahagan, Hayes, colored, Parker, Rea, Rem
frow, Seymour, Smith, OF Martin, Snipes, Ste
vens, Sweat, colored, Thompson, Vest, William
son, colored, and Wiswall DO
NAYs-Messrs. Allison, Ames Argo, Armstrong,
Ashworth, Banner, Barnett, Blair, Boddie. Bow
man, Cander, Clayton, Crawford, colored, Down.
ing, Durham, Ellis, Farrow, Ferebee, Franklin,
Gibson, Graham, Grier, Gunter, Harris, OF
Franklin, Harris, of Wake. colored, Hawkins,
Hendricks, Hicks, billiard, High, Hinnant, Hod-
nett, Hoffman, Humphries, Ingram, Jarvis, JUS
tice, of Henderson, Justice, of Rutherford. Kelly,
of Davie, Kelly, of Moore. Kinney, Lesry. color
ed, Long, of Chatham, Long, of Richmond, Ma
lone, Mayo, colored. McNanless, Mcmillan, Men
denhall, Moore, of Alamance. Moore. Of Chowan,
Nicholson. Painter, Peck. Pou, Price, colored,
Profhtt, Raglan, Robbins, colored, Robinson,
Reynolds, Shaver, Siegrst. Sinclair, simonds,
Stanton, Vestal, WEIGH Whitley, Wilkie and Will
son-72.
Mr.. Smith, of Martin, characterized the
whole measure as most dishonest meas
ure, teeming with the greatest rascality.
Pending any definite action, the House
until tomorrow morning at 10
o'clock.