The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-01-13
CALENDAR.


CALENDAR
Bill to provide for the exemption oe real
and personal property against judgments in
all cases. Judiciary Committee recommend
that the bill do not pass The report of the
! committee was cnncurred in.
Bill to amend the charter of the Green
Swamp Company was postponed until
Tuesday next. = :. --f-- :.
Bill to prevent the collection of debts con-
tracted for slaves since January 1st, 1868.
introduced by Mr. Justice, of Rutherford,
and reported adversely by the Judiciary
Committee q
Mr.. SEYMOUR said the committee report
ed adversely, not because they did not sym
pathize with the bill, but because they
thought the Legislature. could not interfere
with vested rights. If these are contracts
within the spirit of the law, they cannot be
mtlli6ed by act of the Legislature, and any
snch act would be unconstitutional. and it
they are not contracts, they are null and
void. s'ei pa = a2iii
Mr.. JUSTICE, of Rutherford, said it was a
question of right and principle, whether
constitutional or not. ''+Aii{ts,S
Mr.. SEYMOUR said it was generally be-
lieved among legal gentlemen that the Pres
ident's emancipation proclamation took
effect with the advance of the Federal
armies, when the slaves were liberated. If
note is given for slave, the only defence
is, total failure of consideration. Now, if a
slave was slave at the time the note was
given, there can be no defence to the action.
If he was free at that time, there is NO action.
and we cannot effect the thing Ivy passing
the law, and he sincerely hoped the mem
bers of this House would not pass law that
they believe to-be unconstitutional.
Mr. JUSTICE, of Rutherford, said the legal
profession always looks at one side of the
question. When these slaves were sold, the
seller gave bond to insure the possession
OF the person forever, and if the seller were
called upon to guarantee the possession
then he would like to see the buyers CO me
up and pay When President Lincoln pro-
claimed that the slaves were forever free,
they were forever free, and nothing
but armed rebellion prevented them
from going free from that day. Then
if You endorse the doctrine that they were
not free, you say it was right to seccde, and
that secession was right until crushed by the
arms of the United States There is prin-
cipe of right in this matter, he introduced
it in good faith, and he hoped the House
would not pass it by without careful con-
sderation.
Mr. INGRAM favored the bill and thought
it could be justified upon constitutional
grounds. The principle had been laid down
that when note of hand is given for prop
erty if the consideration fails then the note
fails If that is correct, the consideration
for which these notes were given failed and
the note is void. c
Mr.. Vest opposed the bill, thinking it
unconstitutional.
Mr.. JUSTICE, of Rutherford, moved to post
pone until Monday, January 18th.
MIR. MALONE moved to postpone indefin-
itely.
Mr. CHERRY called for the yeas and nays.
The motion prevailed by the following
vote:
YEAs-Messrs. Ames, Armstrong, Ashworth,
Banner, Barnett, Barnes, Boddie, Gambler, Carson,
Clayton, OF Trannsylvania, Davis, Davidson,
Dixon, Durham, Ellis, Ellington, Farrow Foster
Gahagan, Gibson, Gilbert, Hawkins, Hendricks,
High, Hodnett, Hoffman, Horney, Malone, Mathe-
son, McCanless, Mcmillan, Moore, Nicholson,
Parker, Seymour, Shaver, Sinclair, Smith OF
Wayne, Stanton, Stilley, Sweat, Thompson, Yes
ta., W. lch, Wilkie and Williams of Sampson-46.
NAYs-Messrs. Blair, Carey, Cawthorn, Cherry,
Downing, Ferebee, Forkner, franklin, Graham,
Gunter, Harris of Wake. Hayes, Hinnant, Hum
phries Hudgings, Ingram, Justus of Hender
son, Justice of Rutherford, Kelly OF Moore, Latin,
Leary, Long of Chatham, Long of Richmond,
Mayo, Mendcnhall, Moring, Morris, Pearson,
Peck, Price, Rea Renfruw, Robbins, Reynolds,
Siegrist, Simonds, Snipes, Stevens, Waldrop,
williamson Wilson and Wiswall-42.
Mr.. MCMILLAN obtained leave of absence
for tomorrow.
Mr. STILLEY was added to the committee
on Education.
The SPEAKER signed the act in favor of
the sheriff and register of deeds of Greene
county.
Mr.. SYKES was unwell and unable to be in
his seat to- day.
On motion of Mr. STHLEy, the House adj
journed until IL o'clock to morrow.