The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-01-20
Mr. HAanrs, Of Wake, moved the follow

z Mr.. Harms. of Wake, moved the .0ifoW-
ing as substitute for the second section:
That if any Sheriff, Constable or other
officer, shall, under any pretence whatever,
sell any property, real or personal, exempted
by article ten of the Constitution, such offi-
Ger shall be guilty of a misdemeanor, and
liable to be indicted, and upon conviction,
before any court having Jurisdiction, he mn
prisOned not less or more than twelve months
or fined not more than $1,000"
He argued that the bill as it stood would
ltave the same difficulty as the indemnify
ing bond. e,.s
Mr.. Pou opposed the bill as being useless
legislation. If there was nothing in the
homestead exemption impairing contracts
under the Constitution of the United States,
every manha protection to the extentof
81 900 in real estate and $500 in personal
property.
MIR. SINCLAIR said our Constitution passed
the review of Congress, and if there had
been any unconstitutional provision In it
they would not have approved it.
Mr.. PoU replied the Constitution says the
Supreme Court of the United States shall be
the judge of all questions arising under the
Constitution of the United States. The Su-
preme Court would decide this case, and
the time spent in passing this act would be
wasted.
On motion of Mr.. HARRIS, of Wake, the
bill was postponed until tomorrow at halt
past ten O'clock.
MIR. DOWNING, rising to question OF priv
ilege, said the pcnitentiary purchase had
caused some unfavorable comment He had
received an offer for the 5000 acres of land,
The site for the penitentiary and the water
power, and he NADIA written offer to pur-
chase for the sum Of 200 900 in State bonds.
The proposition was laid over for future con-
sideration.
A message was received from His Excel
lency Gov. Holden, transmitting commu-
nication from G. L. Harris, Superintendent
of Public Works, enclosing letter from Mr.
). Adams, the agent of an iron manutactu-
ring company in Richmond, Va, making an
offer of 100000 In State bonds for the
property recently purchased for the location
of the pcnitentiary The letter was accom-
panied by certificate from the banking
house of John G. Williams G. Co., of Raleigh,
that Mr.. Adams had made arrangements
with them for the immediate payment to the
State of $4,000 in State bonds, provided
Mr. Adams offer should he accepted.
On motion of Mr.. SINCLAIR, the commu-
nications were ordered to be printed.
On motion of Mr.. DIXON, the bill for the
relief of F. NJ. Pittman, of Lennir county,
passed its several readings under suspen-
sion of the rules.
On motion of Mr.. PROCTOR, the rules were
suspended. and the resolution that all bills
for the repeal of acts shall be accompanied
by the act in full to be repealed was adopted.
The Speaker took the chair.
On motion of Mr.. ESTES, the bill to pro-
vide for the collection of taxes by the State
and 10y the several counties of the State, on
property, polls and incomes, was taken up,
the pending question being on the adoption
of section three.
Mr.. ESTES offered the following substitute
Tor the section:
"The Commissioners Of the several counties,
at meeting to be held before the first Monday
in March 1869, and in every year thereafter, shall
appoint in each township of their respective
counties three assessors Zone OF whom shall be
ireeholderG they shall constitute board Of val
uation for the township, with compensation
of two dollars per diem while actually employed
and shall take an oath to faithfully perform the
duties of their office according to law. When
ever legal board of trustees shall exist in any
township, no such appointments are herein pro-
vided for shall be made, aud the duties herein
prescribed Tor the assessor and his assistants
shall be performed by said board"
Mr. PoU moved to strike out zone of
whom shall be frecholder they" and insert
qualified to serve as jurors who.n He said
the Constitution forbid class legislation, or
giving political privileges, on account of
Mr. SINCLAIR read section 90, article 1, of
the Constitution as follows: As political
rights and privileges are not dependent upon
property, therefore no property qualification
ought to affect the right to hold Office" and
section z, article 1, as follows: mo man or
set of men are entitled to exclusive or sepa-
rate emoluments OF privileges from the CON-
munity but in consideration of public SER
vices" He had sworn to support the Con-
sttution, and felt bound to vote against any
law to prevent any man from holding Office
because he was not freeholder
Mr.. DURHAM objected to the amendment.
Under it all the commissioners and all the
assessors might I've non-property holders. He
thought it would he unjust to give the pow
or to assess property to men who did not
own the property. and claimed this was not
an Office under the Constitution.
Mr.. ESTES took the position that they
were Office holders, and the House had no
right to put in property qualification to
an Office holder, although personally he
would prefer that the person should be
property holder as far as he was concerned.
Mr.. DURHAM expressed surprise that this
Legislature should have suddenly found an
affection for the Constitution, when he
thought many members of this body had
bent their conscienccs to carry schemes of
their own, and he said in every instance the
legislation had been discrimination against
property holders
Mr.. SEYMOUR asked if each member was
not responsible to his own conscience and
his constituents for his decision, when even
the legal profession were divided.
Mr.. DURHAM conceded that they were.
Mr.. SEYMOUR said the gentleman takes
Conservative view of the Constitution, and
the Republicans takea Republican view and
maintain that political rights are not DEEPEN
dent upon property. 1t seemed to him that
every member of the party who believes that
that provision in the Constitution is true,
is bound to give or take away no right
because a man holds property. He pre-
sumed in every county OF the State the COM
missioners would take the best men ire
spective of property. There is no more
danger in making persons who are not
freehoiders assessors of taxes than there is
in making them commissioners or tax list
takers or President OF the United States.
There is not single argument used against
appointing them that cannot be applied to
all offices in the United States. Therefore
as a matter of principle, Of expediency, of
constitutional construction, he felt compelled
to vote for the amendment.